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FARMLAND DAIRIES v. McGUIRE

Nos. 91 Civ. 3642 (RPP), 91 Civ. 4574 (RPP).

771 F.Supp. 80 (1991)

FARMLAND DAIRIES, Fairdale Dairies, Inc. and Fairlawn Dairies, Inc., Plaintiffs, v. Richard T. McGUIRE, as Commissioner of the New York State Department of Agriculture and Markets, Defendant. LEHIGH VALLEY DAIRIES, INC., Johanna Farms, Inc., Johnstown Sani-Dairy, a Division of Penn Traffic Co. and Tuscan Dairy Farms, Inc., Plaintiffs, v. Richard T. McGUIRE, as Commissioner of the New York State Department of Agriculture and Markets, Defendant.

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

August 13, 1991.

Attorney(s) appearing for the Case

Friedman, Wittenstein & Hochman by Andrew A. Wittenstein and Stuart I. Friedman, New York City, for Farmland Dairies, Fairdale Dairies, Inc. and Fairlawn Dairies, Inc.

Gross, McGinley, LaBarre & Eaton by J. Jackson Eaton III, Allentown, Pa., and Richard Turyn, New York City, for Lehigh Valley Dairies, Inc., Johanna Farms, Inc., Johnstown Sani-Dairy and Tuscan Dairy Farms, Inc.

Robert Abrams, Atty. Gen. of State of N.Y., Dept. of Law by Barrie L. Goldstein, New York City, and Joan A. Kehoe, Dept. of Agriculture and Markets of State of N.Y. by Michael McCormick, Diane B. Smith, Albany, N.Y., for Richard T. McGuire.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiffs, New Jersey and Pennsylvania milk producers, bring these actions for declaratory and injunctive relief under 42 U.S.C. § 1983 and the Commerce Clause of the United States Constitution, Article I, Section 8, Clause 3. Defendant Richard McGuire, Commissioner of the New York State Department of Agriculture and Markets ("the Commissioner"), moves in both actions pursuant to Rule 12(b...

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