Robert Abrams, Attorney-General (Richard Gabriele of counsel), for plaintiff. Brown, Brown & Furst (Henry F. Furst of counsel), for Glen & Mohawk Milk Association, Inc., and others, defendants. Hancock, Estabrook, Ryan, Shove & Hust (William L. Allen, Jr., and James R. McVety of counsel), for Northeast Dairy Co-operative Federation, Inc., and others, defendants. Blitman & King (Jules L. Smith of counsel), for Queensboro Farm Products, Inc., defendant. Buckley, Kremer, O'Reilly, Pieper, Hoban & Marsh (Anthony R. Gambardella of counsel), for Tuscan Dairy Farms, Inc., defendant. Carroll, Carroll, Butz & Storinge (John Benjamin Carroll of counsel), for Oneida-Madison Milk Producers Co-operative Association, Inc., defendant.
Supreme Court, Onondaga County.
BERNARD L. REAGAN, J.
In this civil antitrust action there are various motions pending before the court. The main issue to be addressed is the interpretation of the exemption from the Donnelly Act (General Business Law, § 340 et seq.) given to co-operative associations of dairymen (General Business Law, § 340, subd 3). All defendants have moved to dismiss the complaint, claiming that it fails...
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