GARDEN STATE FARMS, INC., A CORPORATION OF NEW JERSEY, APPELLANT,
v.
JOSEPH C. MATHIS, JR., ACTING DIRECTOR OF DIVISION OF DAIRY INDUSTRY, RESPONDENT. CUMBERLAND FARMS OF NEW JERSEY, INC., A NEW JERSEY CORPORATION AND BURLINGTON FOOD STORE, INC., A NEW JERSEY CORPORATION, APPELLANTS,
v.
PHILLIP ALAMPI, SECRETARY, NEW JERSEY DEPARTMENT OF AGRICULTURE, AND JOSEPH C. MATHIS, JR., ACTING DIRECTOR, DIVISION OF DAIRY INDUSTRY, NEW JERSEY DEPARTMENT OF AGRICULTURE, RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 2, 1970.
Reargued after remand May 22 and 23, 1972.
Decided September 8, 1972.
Attorney(s) appearing for the Case
Mr. Nicholas Martini argued the cause for appellant Garden State Farms, Inc.
Mr. Sheldon A. Weiss argued the cause for appellants Cumberland Farms of New Jersey, Inc. and Burlington Food Store, Inc. (Messrs. Glauberman and Weiss, attorneys; Mr. Weiss on the brief).
Mr. Richard S. Cohen argued the cause on reargument for intervenor-appellant Dairy Stores, Inc. (Messrs. Cohen, Hoagland, Cohen and Keefe, attorneys; Mr. Richard S. Cohen on the brief).
Mr. Herbert K. Glickman, Deputy Attorney General, argued the cause for respondents (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Glickman on the brief).
Mr. Roland Morris, of the Pennsylvania bar, argued the cause on reargument for intervenor-respondent New Jersey Milk Institute, Inc. (Messrs. McCarter and English, attorneys; Messrs. Duane, Morris and Heckscher, of the Pennsylvania bar, of counsel).
Mr. Donald F. Copeland, of the Pennsylvania bar, argued the cause on reargument for intervenor-respondent Inter-State Milk Producers' Cooperative. (Messrs. Backes and Backes, attorneys; Mr. Copeland of counsel).
Messrs. Stryker, Tams and Dill filed a brief on reargument on behalf of amicus curiae Dairylea Cooperative, Inc. (Mr. Walter F. Waldau and Mr. Edmund E. Winterbottom of the New York bar, of counsel).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by HALL, J.
This case derives from two consolidated appeals of Order 69-1, fixing minimum prices for the sale of milk at retail, promulgated by the Director of the Division of Dairy Industry (Director), of the New Jersey Department of Agriculture under the milk control law of 1941, N.J.S.A. 4:12A-1, et seq., particularly N.J.S.A. 4:12A-21 to 23. The appellants are two vertically integrated "jug store" milk...
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