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TUSCAN DAIRY FARMS v. BARBER

45 N.Y.2d 215 (1978)

In the Matter of Tuscan Dairy Farms, Inc., Appellant, v. J. Roger Barber, as Commissioner of Agriculture and Markets of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Milton S. Gould, Michael Lesch and Dale C. Christensen, Jr., for appellant.

Thomas G. Conway and Joan A. Kehoe for respondent.

Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur with Judge JONES; Judge JASEN dissents and votes to reverse in a separate opinion.

JONES, J.

We hold in this case that the denial by the Commissioner of Agriculture and Markets of a license to extend delivery of milk on a wholesale basis into the County of Richmond to a New Jersey dealer already licensed to supply and supplying milk in other counties of the State did not violate the commerce clause of the United States Constitution.1

The dealer appeals as...

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