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MINTZ v. BALDWIN

2 F.Supp. 700 (1933)

MINTZ et al. v. BALDWIN.

District Court, N. D. New York.

February 15, 1933.

Attorney(s) appearing for the Case

Robert E. Whalen (of Whalen, McNamee, Creble & Nichols), of Albany, N. Y. (R. M. Orchard, Asst. Atty. Gen. of Wisconsin, of counsel), for plaintiffs.

John J. Bennett, Jr., Atty. Gen. of New York, and Henry S. Manley, Solicitor for Department of Agriculture and Markets, of Albany, N. Y. (W. P. Brown, Deputy Atty. Gen., of counsel), for defendant.

Before AUGUSTUS N. HAND, Circuit Judge, and COOPER and BRYANT, District Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The plaintiffs insist that the order of the New York Commissioner of Agriculture and Markets is invalid because it involves a regulation of shipments in interstate commerce in a field which Congress has already occupied. The legislation which they regard as occupying the field comprises the act of February 2, 1903 (21 U. S. Code, §§ 120, 121 and 122 [21 USCA §§ 120-122]) and the...

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