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MTR SUMMERSON v. BARBER

93 A.D.2d 652 (1983)

In the Matter of James R. Summerson et al., Respondents, v. J. Roger Barber, as Commissioner of The New York State Department of Agriculture and Markets, Appellant In the Matter of Taylor Wine Company, Inc., Respondent, v. J. Roger Barber, as Commissioner of The New York State Department of Agriculture and Markets, Appellant

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

May 26, 1983

Attorney(s) appearing for the Case

Thomas G. Conway for appellant.

Taylor & Taylor (Daniel R. Taylor of counsel), for James R. Summerson and others, respondents.

Nixon, Hargrave, Devans & Doyle (William D. Eggers of counsel), for Taylor Wine Company, Inc., respondent.

MAHONEY, P. J., SWEENEY, KANE and CASEY, JJ., concur.

WEISS, J.

On March 31, 1981, the New York State Wine Grape Growers, Inc., petitioned the Commissioner of Agriculture and Markets, pursuant to section 294 of the Agriculture and Markets Law, for the establishment of a marketing order which would impose an assessment upon wine grapes produced in the Finger Lakes and Western production areas of New York State for use by wineries, the proceeds of which would be used...

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