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MTR FARMLAND DAIRIES v. BARBER

103 A.D.2d 11 (1984)

In the Matter of Farmland Dairies et al., Petitioners, v. J. Roger Barber, as Commissioner of The New York State Department of Agriculture and Markets, Respondent

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

July 26, 1984

Attorney(s) appearing for the Case

Friedman & Wittenstein (Stuart I. Friedman of counsel), for petitioners.

Thomas G. Conway (Michael McCormick of counsel), for respondent.

MAIN, J. P., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

LEVINE, J.

Petitioner Farmland Dairies (Farmland) is a closely held New Jersey dairy manufacturing corporation which holds New York licenses to purchase and sell raw milk in this State. Petitioners Fair Lawn Dairies, Inc. (Fair Lawn) and Fairdale Milk Company (Fairdale) are wholly owned New Jersey-based subsidiaries of Farmland. Fair Lawn is licensed to sell and distribute packaged milk in Westchester, Rockland...

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