Legal Opinion
Eisenstein v. Du Mond
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1944PublishedCited by 6 opinions
1Opinion of the CourtHill, P. J.
Petitioners seek to have reviewed, under article 78 of the Civil Practice Act, a determination made by the Commissioner of the Department of Agriculture and Markets, which denied their petition to purchase milk at their plant in the Town of Conklin, Broome County, for distribution outside the State.
The basis for the denial was stated to be section 258-c of the Agriculture and Markets Law, that milk producers in the locality in which petitioners were to operate have a market for their milk at plants already operating there. The Commissioner’s findings contain the following as a conclusion. “…
2Cases cited4 opinions
- Matter of Elite Dairy Products v. Ten EyckNew York Court of Appeals · 1936
- People Ex Rel. Pratt v. GoldfogleNew York Court of Appeals · 1926
- Stevens v. MooreCourt of Appeals of Tennessee · 1940
- Allen B. Wrisley Co. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1940
3Cited by6 opinions
- Evco Corporation v. RossTennessee Supreme Court · 1975
- State Ex Rel. Clark v. WolkoffSupreme Court of Minnesota · 1957
- In re Friendship Dairies, Inc. v. Du MondAppellate Division of the Supreme Court of the State of New York · 1954
- Richmond Food Stores, Inc. v. State Milk CommissionSupreme Court of Virginia · 1963
- Barrett Mobile Home Transport, Inc. v. United StatesDistrict Court, D. Minnesota · 1973
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