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WELSH FARMS, INC., v. BERGSMA

16 N.J. Super. 295 (1951)

84 A.2d 631

WELSH FARMS, INC., ET AL., DAIRYMEN'S LEAGUE CO-OPERATIVE ASSOCIATION, INC., AND DAIRY DALE MILK, INC., ET AL., PETITIONERS-APPELLANTS, v. DANIEL BERGSMA, M.D., M.P.H., STATE COMMISSIONER OF HEALTH, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1951.

Attorney(s) appearing for the Case

Mr. John Martin, of the Pennsylvania bar, and Mr. Edward Gilhooly argued the cause for appellant Welsh Farms, Inc. (Messrs. Gilhooly & Yauch, attorneys; Messrs. Duane, Morris & Heckscher, of the Pennsylvania bar, on the brief).

Mr. William L. Dill argued the cause for appellant Dairymen's League Cooperative Association, Inc. (Messrs. Stryker, Tams & Horner, attorneys; Messrs. Duane, Morris & Heckscher, of the Pennsylvania bar, on the brief).

Mr. Harry Polikoff, of the New York bar, argued the cause for appellant Dairy Dale Milk, Inc. (Messrs Toner, Speakman & Crowley, attorneys).

Mr. Joseph A. Murphy, Deputy Attorney-General, argued the cause for respondents (Mr. Theodore D. Parsons, Attorney-General of New Jersey, and Mr. Joseph Lanigan, Deputy Attorney-General).

Before Judges McGEEHAN, JAYNE, and WM. J. BRENNAN, JR.

The opinion of the court was delivered by JAYNE, J.A.D.

The declaration of our conclusions in these consolidated actions may well begin with a prefatory statement more informative of the subject matter of our deliberations than merely to say that the proceedings implicate the validity of certain administrative regulations promulgated by the State Department of Health and filed with the Secretary of State on July 5 and July 10, 1950. An account of some antecedent events...

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