BORDEN'S FARM PRODUCTS CO. v. BALDWIN


7 F.Supp. 352 (1934)

BORDEN'S FARM PRODUCTS CO., Inc., v. BALDWIN, Com'r of Agriculture and Markets, et al.

District Court, S. D. New York.

June 6, 1934.


Attorney(s) appearing for the Case

Timothy N. Pfeiffer, of New York City, for plaintiff.

Henry S. Manley, of Albany, N. Y., for defendants.

Gabriel Kotcher and Ezra B. Kotcher, both of New York City, Leonard Acker, of Brooklyn, N. Y., and Abraham Lipton, of New York City, as amici curiæ, representing various independent milk dealers.

Before L. HAND, Circuit Judge, and GODDARD and COXE, District Judges.


L. HAND, Circuit Judge.

This case comes up upon a bill in equity to enjoin the Commissioner of Agriculture and Markets of New York, the Director of the Division of Milk Control, the Attorney General, and the various district attorneys of the city of New York, from enforcing section 258-q of the Agriculture and Markets Law (Consol. Laws, c. 69), enacted on April 1, 1934; which, so far as is pertinent, is printed in the margin.* Section...

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