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Abstract

The Milk Control Board issued an order providing in part that where milk or cream was sold in single service paper containers a nonrefundable container charge of one cent be added to the applicable wholesale or retail price. Petitioner, engaged solely in the manufacture of paper containers for the packaging of milk, sought review of the proceedings of the board upon which the order was based. A demurrer based on the ground that petitioner was not a "person aggrieved" was sustained by the superior court and petitioner appealed. Held, a person "interested" or "aggrieved" need not be within the class of persons who are directly commanded by the order of the board either to act or to refrain from acting. Petitioner, who is deprived of a valuable market by the general order of the board, possesses the requisite interest and may appeal. American Can Co. v. Milk Control Board, (Mass. 1943) 46 N. E. (2d) 542.

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