DEFIANCE MILK PRODS. CO. v. DU MOND


309 N.Y. 537 (1956)

Defiance Milk Products Company, Respondent, v. C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 16, 1956


Attorney(s) appearing for the Case

Robert G. Blabey for appellant.

Jacob K. Javits, Attorney-General (James O. Moore, Jr., and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

David S. Williams for respondent.

FULD, VAN VOORHIS and BURKE, JJ., concur with DESMOND, J.; CONWAY, Ch. J., dissents in an opinion in which FROESSEL, J., concurs; DYE, J., taking no part.


DESMOND, J.

Plaintiff manufactures and sells, in 14½-ounce sealed and sterilized containers, evaporated skimmed milk, that is, cow's milk from which there has been removed all the butterfat and so much of the other fluid content as to reduce the final volume to about 45% of original volume. Not only is it stipulated that this is a wholesome product with extensive public acceptance (plaintiff alone sells 7...

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