GROCERY MANUFACTURERS OF AMERICA, INC., a Delaware Corporation, Plaintiff-Appellee Cross-Appellant,
v.
Joseph GERACE, Commissioner, New York Department of Agriculture and Markets, and the New York Department of Agriculture and Markets, Defendants-Appellants Cross-Appellees,
John R. Block, as Secretary of Agriculture of the United States and the Department of Agriculture of the United States, Margaret M. Heckler, as Secretary of Health and Human Services of the United States, and the Department of Health and Human Services of the United States, Additional Defendants on Counterclaim-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 26, 1984.
Decided February 14, 1985.
Attorney(s) appearing for the Case
Thomas G. Conway, N.Y., Dept. of Agriculture and Markets, Albany, N.Y. (Robert Abrams, Atty. Gen., of the State of N.Y., New York City, of counsel), for defendant-appellant cross-appellee New York Dept. of Agriculture and Markets.
Franklin H. Stone, Asst. U.S. Atty., S.D. of N.Y., New York City (Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., Jane E. Booth, Asst. U.S. Atty., S.D. of N.Y., Beverly Sherman Nash, U.S. Dept. of Justice, Frederick H. Degnan, Food and Drug Admin., Thomas D. Edmundson, U.S. Dept. of Agriculture, Washington, D.C., of counsel), for defendants on counterclaim-appellees Block and Heckler.
George M. Burditt, Chicago, Ill. (Robert G. Epsteen, Burditt, Bowles & Radzius, Ltd., Chicago, Ill., Sheldon Oliensis, Richard A. DeSevo, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for plaintiff-appellee cross-appellant Grocery Mfrs. of America.
Before FRIENDLY, MESKILL and PIERCE, Circuit Judges.
United States Court of Appeals, Second Circuit.
MESKILL, Circuit Judge:
This is an appeal from a judgment entered in the United States District Court for the Southern District of New York, Duffy, J., granting the motion of plaintiff-appellee Grocery Manufacturers of America (GMA) for preliminary and permanent injunctive relief. The district court, in a decision reported at 581 F.Supp. 658 (S.D.N.Y.1984), enjoined the enforcement of N.Y.Agric. & Mkts.Law § 63...
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