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GOLD MEDAL FARMS v. RUTLAND CO. CREAMERY

9 A.D.2d 473 (1959)

Gold Medal Farms, Inc., Respondent, v. Rutland County Co-Operative Creamery, Inc. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 31, 1959.

Attorney(s) appearing for the Case

McChesney & Kenney (Thomas V. Kenney of counsel), for Rutland County Co-Operative Creamery, Inc., appellant.

Murphy, Aldrich, Guy, Broderick & Simon (William E. Noonan of counsel), for Vermont Milk and Cream Company, Inc., and another, appellants.

John P. Weatherwax, Martin A. Fromer and James M. Strang for respondent.

FOSTER, P. J., BERGAN, GIBSON and HERLIHY, JJ., concur.

COON, J.

In the interest of clarity and brevity the plaintiff-respondent, Gold Medal Farms, Inc., will be designated herein "Gold Medal"; the defendant-appellant Rutland County Co-Operative Creamery, Inc., will be "Rutland", the defendant-appellant Vermont Milk and Cream Company, Inc., will be designated "Vermont", and the defendant-appellant The Borden Company will be designated "Borden".

The complaint...

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