FARMLAND DAIRIES and Fair Lawn Dairies, Inc., Plaintiffs-Appellees,
v.
COMMISSIONER OF the NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS, and Joseph Gerace, Former Commissioner of the New York State Department of Agriculture and Markets, Defendants-Appellees, and
Gold Medal Farms, Inc., Manchester Cream Co., Beachhurst Farms, Inc., Dellwood Foods, Inc., Elmhurst Milk & Cream Co., Inc., Hy-Grade Milk & Cream Co., Inc., Meadowbrook Farms, Inc., Park Lane Dairies, Inc. and Silvercrest Farms, Inc., Proposed Intervenors-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 12, 1987.
Decided May 26, 1988.
Attorney(s) appearing for the Case
John M. Freyer, Albany, N.Y. (Bond, Schoeneck & King, Richard A. Reed, Albany, N.Y., of counsel), for proposed intervenors-appellants Beachhurst Farms, Inc., Dellwood Foods, Inc., Elmhurst Milk & Cream Co., Inc., Hy-Grade Milk & Cream Co., Inc., Meadowbrook Farms, Inc., Park Lane Dairies, Inc. and Silvercrest Farms, Inc.
Stuart I. Friedman, New York City (Friedman, Wittenstein & Hochman, Andrew A. Wittenstein, David J. Nathan, Jody Kasten, New York City, of counsel), for plaintiffs-appellees.
Barrie L. Goldstein, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen., State of N.Y., O. Peter Sherwood, Sol. Gen., R. Scott Greathead, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.
Michael G. Shannon, New York City (Summit Rovins & Feldesman, Michelle I. Schauer, New York City, of counsel) for proposed intervenors-appellants Gold Medal Farms, Inc. and Manchester Cream Co.
Before VAN GRAAFEILAND, KEARSE and MAHONEY, Circuit Judges.
United States Court of Appeals, Second Circuit.
MAHONEY, Circuit Judge:
Plaintiffs-appellees Farmland Dairies and Fair Lawn Dairies, Inc. (collectively "Farmland") are dairy companies based in New Jersey and licensed by the New York Department of Agriculture and Markets (the "Department") to distribute milk in New York State in Orange, Richmond, Rockland and Westchester counties.1 Until January 2, 1987, defendant Joseph Gerace was the Commissioner of the Department (the "Commissioner...
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