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FARMLAND DAIRIES v. COMMISSIONER OF NEW YORK STATE

No. CV 86-1933.

650 F.Supp. 939 (1987)

FARMLAND DAIRIES and Fair Lawn Dairies, Inc., Plaintiffs, v. COMMISSIONER OF the NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS, and Joseph Gerace, Former Commissioner of New York State Department of Agriculture and Markets, Defendants.

United States District Court, E.D. New York.

January 8, 1987.

Attorney(s) appearing for the Case

Friedman & Wittenstein by Andrew A. Wittenstein, New York City, for plaintiffs.

Robert Abrams, New York State Atty. Gen. by Barrie L. Goldstein, Dept. of Law, New York City, for defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

The founding fathers of this nation recognized the importance of maintaining a federal watch over the flow of interstate commerce, lest the desire of each state to further itself economically without regard to the consequences suffered by a sister state lead inevitably to destructive divisiveness between the several states. This concern overrode even the fear that individual states would lose their power and independence...

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