MATTER OF WASHBURN'S DAIRY v. MANSFIELD


200 Misc. 1017 (1951)

In the Matter of Washburn's Dairy, Inc., Petitioner, v. Harvey W. Mansfield, as Mayor of The City of Johnstown, et al., Respondents.

Supreme Court, Special Term, Fulton County.

November 16, 1951.


Attorney(s) appearing for the Case

H. Andrew Schlusberg for petitioner.

Carrol S. Walsh for respondents.

Murphy & Niles for Johnstown Milk Dealers Association.


BEST, J.

This proceeding under article 78 of the Civil Practice Act is to review the denial by the board of health of the city of Johnstown, New York, of a permit to the petitioner to sell milk at its store in the city of Johnstown, New York, and for an order directing the issuance of such permit by the respondents.

For some years prior to the commencement of this proceeding, the petitioner manufactured...

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