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L & L STARTED PULLETS, INC. v. GOURDINE

No. 886, Docket 84-7704.

762 F.2d 1 (1985)

L & L STARTED PULLETS, INC., Avian Bates Farms, Inc., Mountain Pride Farmers, Inc., a wholly owned subsidiary of Intercounty Farmer Co-operative Association, a New York cooperative association, class plaintiffs, for themselves and on behalf of a class similarly situated and The Grand Union Company, a Delaware Corporation, Plaintiffs-Appellants, v. Simon P. GOURDINE, as Commissioner of Department of Consumer Affairs of City of New York, and the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 1, 1985.

Attorney(s) appearing for the Case

Gerald Orseck, Liberty, N.Y. (Orseck, Orseck & Greenberg, Liberty, N.Y., on the brief), for plaintiffs-appellants.

Kristin M. Helmers, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, Stephen J. McGrath, New York City, on the brief), for defendants-appellees.

Before TIMBERS, NEWMAN and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiffs L & L Started Pullets, Inc., Avian Bates Farms, Inc., Mountain Pride Farmers, Inc. (collectively the "producer plaintiffs"), and The Grand Union Company appeal from a judgment of the United States District Court for the Southern District of New York, Abraham D. Sofaer, Judge, dismissing their complaint for, inter alia, declaratory and injunctive relief prohibiting defendants Simon P. Gourdine and the City of New...

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