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BARBER v. DEMBROSKI

70 A.D.2d 745 (1979)

J. Roger Barber, as Commissioner of Agriculture and Markets of the State of New York, Respondent, v. Joseph J. Dembroski et al., Appellants. (Proceeding No. 1.) J. Roger Barber, as Commissioner of Agriculture and Markets of the State of New York, Respondent, v. T. David Bullard et al., Appellants. (Proceeding No. 2.)

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

May 31, 1979

The plaintiff brought these proceedings in 1975 and 1978 to collect the assessments imposed by the apple marketing order (1 NYCRR Part 201) promulgated pursuant to article 25 of the Agriculture and Markets Law. The background of the original apple marketing order is set forth by the courts in the case of Wickham v Trapani (41 Misc.2d 749, affd 26 A.D.2d 216

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