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NORTHEAST DAIRY COOP v. BARBER

101 A.D.2d 362 (1984)

In the Matter of Northeast Dairy Cooperative, Inc., Respondent, v. J. Roger Barber, as Commissioner of Agriculture and Markets of the State of New York, et al., Appellants

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

May 17, 1984

Attorney(s) appearing for the Case

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

Hancock & Estabrook (Robert A. Small of counsel), for respondent.

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

MAIN, J.

In August, 1979, petitioner, a cooperative of dairy farmers, sold 9,664,478 pounds of milk to R & R Schofield (Schofield), a licensed New York milk dealer. Of this amount, 7,899,670 pounds (81.62%) were produced on New York farms and 1,764,808 pounds (18.38%) were produced on Pennsylvania farms. Petitioner failed to receive payment in full for this milk from Schofield and, in November, 1979, petitioner...

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