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SWIFT & COMPANY v. WICKHAM

230 F.Supp. 398 (1964)

SWIFT & COMPANY, Inc. and Armour and Company, Plaintiffs, v. Don J. WICKHAM, Commissioner of Agriculture and Markets of the State of New York, Defendant.

United States District Court S. D. New York.

June 10, 1964.

Attorney(s) appearing for the Case

William J. Condon, New York City (William J. Colavito, New York City, on brief), for Swift & Co., Inc.

Evans, Orr, Gourlay & Pacelli, New York City, E. Gordon Robbins, Chicago, Ill., for Armour and Co.

Philip Kahaner and Lester Esterman, New York City, Louis J. Lefkowitz, Atty. Gen., for the State of New York.

Before FRIENDLY, Circuit Judge, and CROAKE and WYATT, District Judges.

FRIENDLY, Circuit Judge.

Swift & Co. and Armour & Co. pack frozen stuffed turkeys in Minnesota and Wisconsin. They ship the turkeys into New York for sale to retailers who resell them to consumers. The turkeys are labelled so as to show the total weight of the stuffed bird, as required by the United States Department of Agriculture. The packers have brought this action against the Commissioner of Agriculture and Markets of New York seeking a declaration of...

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