New Hampshire Milk Dealers' Ass'n v. New Hampshire Milk Control Bd.

• Decision Date: 01 April 1966
• Parties: NEW HAMPSHIRE MILK DEALERS' ASSOCIATION v. NEW HAMPSHIRE MILK CONTROL BOARD. GRANITE STATE DAIRYMEN'S ASSOCIATION et al. v. NEW HAMPSHIRE MILK CONTROL BOARD.
• Court: New Hampshire Supreme Court

Page 363

218 A.2d 363

107 N.H. 150

NEW HAMPSHIRE MILK DEALERS' ASSOCIATION v. NEW HAMPSHIRE MILK CONTROL BOARD.

GRANITE STATE DAIRYMEN'S ASSOCIATION et al. v. NEW HAMPSHIRE MILK CONTROL BOARD.

Supreme Court of New Hampshire.

Argued March 25, 1966.

Decided April 1, 1966.

Booth, Wadleigh, Langdell, Starr & Peters, Manchester (Philip G. Peters, Manchester, orally), for plaintiff, New Hampshire Milk Dealers' Association.

Gordon M. Tiffany, Concord (by brief) for plaintiff, Granite State Dairymen's Association.

Hardy, Hall, Grimes & Murphy, Boston, Mass. (Reuben Hall, Boston, Mass., orally), for plaintiff, New England Milk Producers' Association.

George S. Pappagianis, Atty. Gen., and R. Peter Shapiro, Asst. Atty. Gen., for defendant in opposition to the motion.

Robert F. McNeil, Canton, Mass., for Cumberland Farms Northern, Inc. in opposition to the motion.

KENISON, Chief Justice.

RSA 541:18 provides that an appeal from a decision of the Milk Control Board does not suspend its order but also provides 'that the supreme court may order a suspension of such order pending the determination of such appeal * * * whenever, in the opinion of the court, justice may require such suspension.' Pursuant to this statutory authority this court may grant a suspension of the administrative agency's order (Cumberland Farms Northern, Inc. v. Pierce, 104 N.H. 489, 503, 190 A.2d 403) or may grant a suspension subject to conditions (Chicopee Mfg. Co. v. Public Service Co., 97 N.H. 553, 554, 89 A.2d 751; 2 Cooper, State Administrative Law 630 (1965), or may deny the request for suspension. Cumberland Farms Northern, Inc. v. New Hampshire Milk Control Board, 104 N.H. 364, 187 A.2d 388. See 3 Davis, Administrative Law Treatise, s. 23.19, p. 386 (1958).

The plaintiffs contend that unless the order of the administrative agency is suspended and stayed they will suffer irreparable damage and serious financial loss resulting from price wars which will place the entire milk industry 'in a state of chaos.' The defendant and those opposing the motion for suspension contend that these dire predictions are unfounded and that there is no occasion for this court to take affirmative action. It is evident that at the present time this court is unable to properly assess the merits or the deficiencies of the various contentions of the parties to this proceeding and that this can be done properly only when the transcript is available and the case is argued on its merits on the appeal. Cumberland Farms Northern, Inc. v. New Hampshire Milk Control Board, 104 N.H. 364, 367, 187 A.2d 388.

Our consideration of the briefs and oral arguments convinces...