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GREATER NEW YORK METRO. FOOD COUNCIL v. McGUIRE

No. 248, Docket 93-7321.

6 F.3d 75 (1993)

GREATER NEW YORK METROPOLITAN FOOD COUNCIL, Sloan's Supermarkets Inc., Plaintiffs-Appellants, v. Richard T. McGUIRE, As Commissioner of the New York State Department of Agriculture & Markets, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 27, 1993.

Attorney(s) appearing for the Case

Carl J. Chiappa, New York City (Zvi N. Raskin, Townley & Updike, of counsel), for plaintiffs-appellants.

Diana Zalph, Asst. Atty. Gen. of the State of N.Y., New York City (Jane M. Azia, Asst. Atty. Gen., John W. Corwin, Asst. Atty. Gen. in Charge (Bureau of Consumer Frauds and Protection), Robert Abrams, Atty. Gen. of the State of N.Y., of counsel), for defendant-appellee.

Before: FEINBERG, CARDAMONE and ALTIMARI, Circuit Judges.

PER CURIAM:

A number of retailers in the metropolitan New York City area challenged in federal district court a state statute aimed at eliminating what the legislature viewed as price gouging on the retail sale of milk. Federal District Court Judge Michael B. Mukasey, before whom the case came, abstained from entertaining jurisdiction of it. That action prompted this appeal. Although we affirm substantially for the reasons stated by Judge Mukasey in his thorough opinions...

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