Defiance Milk Products Co. v. Du Mond

Christopher J. Heffernan, Official Referee.

In this action plaintiff is seeking a declaratory judgment declaring so much of subdivision 2 of section 64 of the Agriculture and Markets Law of the State as prohibits the sale of evaporated skimmed milk in less than ten-pound containers unconstitutional, invalid and void on the grounds it is arbitrary, capricious and unreasonable and violates the Federal and State Constitutions.

The provisions of the challenged statute are: “No person shall sell or exchange, or offer or expose for sale, or exchange, any condensed or evaporated skimmed milk, except…