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MILLERTON AGWAY COOP. v. BRIARCLIFF FARMS

17 N.Y.2d 57 (1966)

Millerton Agway Cooperative, Inc., Respondent, v. Briarcliff Farms, Inc., Defendant, and Edward G. Brown et al., Appellants.

Court of Appeals of the State of New York.

Decided February 24, 1966.

Attorney(s) appearing for the Case

Milton Pollack for Anthony B. Duke and Angier B. Duke, appellants.

James B. Kilsheimer, III, and Dermot G. Foley for Peter D. Murray, appellant.

Thomas I. Sheridan, Jr., for Thomas E. Murray, Jr., appellant.

Glazer & Pollack for Edward G. Brown, appellant.

Harry Litwin, Harold Greenwald and Adrian P. Driggs for respondent.

Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

Chief Judge DESMOND.

Plaintiff corporation is in the business of selling cattle feed, farm supplies, etc. The corporate defendant Briarcliff Farms, Inc. (not a party to this appeal) raises beef cattle on several farms and beginning in 1962 was one of plaintiff's customers. Appellants together own a majority of Briarcliff's shares and are a majority of its board of directors. Appellant Brown is its president and...

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