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Opinion of the Court
Douglas H. Wilkins, Assistant Attorney General of Massachusetts, argued the cause for respondent. With him on the brief were Scott Harshbarger, Attorney General, and Eric E. Smith, Assistant Attorney General.*
Justice Stevens delivered the opinion of the Court.
A Massachusetts pricing order imposes an assessment on all fluid milk sold by dealers to Massachusetts retailers. About two-thirds of that milk is produced out of State. The entire assessment, however, is distributed to Massachusetts dairy farmers. The question presented is whether the pricing order unconstitutionally discriminates against interstate commerce. We hold that it does.
I
Petitioner West Lynn Creamery, Inc., is a milk dealer licensed to do business in Massachusetts. It purchases raw milk, which it processes, packages, and sells to wholesalers, retailers, and other milk dealers. About 97% of the raw milk it purchases is produced by out-of-state farmers. Petitioner LeComte's Dairy, Inc., is also a licensed Massachusetts milk dealer. It purchases all of its milk from West Lynn and distributes it to retail outlets in Massachusetts.
Since 1937, the Agricultural Marketing Agreement Act, 50 Stat. 246, as amended, 7 U. S. C. § 601 et seq., has authorized the Secretary of Agriculture to regulate the minimum prices
*Briefs of amici curiae urging reversal were filed for Cumberland Farms, Inc., by Allan Afrow; and for the Milk Industry Foundation et al. by Steven J. Rosenbaum and Robert A. Long, Jr.
Briefs of amici curiae urging affirmance were filed for the State of New Jersey by Fred DeVesa, Acting Attorney General, Mary Carol Jacobson, Assistant Attorney General, and Gregory Romano, Deputy Attorney General; and for the Massachusetts Association of Dairy Farmers et al. by Erwin N. Griswold, Gregory A. Castanias, and Allen Tupper Brown.
Jeffrey L. Amestoy, Attorney General of Vermont, and Eileen I. Elliott, Assistant Attorney General, filed a brief of amicus curiae for the State of Vermont.
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