CONSUMER-FARMER MILK v. WICKHAM


25 A.D.2d 413 (1966)

Consumer-Farmer Milk Cooperative, Inc., Appellant, v. Don J. Wickham, as Commissioner of Agriculture and Markets of The State of New York, Respondent

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

May 20, 1966.


Attorney(s) appearing for the Case

Marcus, Maltinsky & Marcus (Herbert L. Maltinsky, Robert B. Marcus and Lawrence K. Katz of counsel), for appellant.

Thomas G. Conway and Robert G. Blabey for respondent.

HERLIHY, REYNOLDS, TAYLOR and AULISI, JJ., concur.


GIBSON, P. J.

Appeal is taken by plaintiff from an order of the Supreme Court at Special Term which denied plaintiff's motion for summary judgment in an action (1) for declaratory judgment inter alia that defendant Commissioner may not impose any restraint upon plaintiff to prevent it from transporting, selling or delivering its milk and dairy products which are produced, processed or packaged in the State of New Jersey to any licensed milk dealer...

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