Legal Opinion
Tuscan Dairy Farms, Inc. v. Barber
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 1977PublishedCited by 5 opinions
1Opinion of the Court
Sweeney, J. P.
The facts are not in dispute. Petitioner, a New Jersey corporation, has possessed a New York State milk dealers’ license for some 20 years. It sells and delivers milk in several States, including New York. On May 28, 1975 it filed an application for extension of its New York license to sell at wholesale in several additional counties, including Richmond. After a hearing respondent denied the application pursuant to section 258-c of the Agriculture and Markets Law concluding that an extension of petitioner’s license to include Richmond County would tend to a destructive…
2Cases cited8 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Baldwin v. G. A. F. Seelig, Inc.Supreme Court of the United States · 1935
- H. P. Hood & Sons, Inc. v. Du MondSupreme Court of the United States · 1949
- California v. ZookSupreme Court of the United States · 1949
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3Cited by5 opinions
- Marcus Dairy, Inc. v. GeraceAppellate Division of the Supreme Court of the State of New York · 1986
- Victory Markets, Inc. v. Department of Agriculture & MarketsAppellate Division of the Supreme Court of the State of New York · 1979
- Kraft, Inc. v. BarberAppellate Division of the Supreme Court of the State of New York · 1981
- Lucille Farm Products, Inc. v. BarberAppellate Division of the Supreme Court of the State of New York · 1985
- Tuscan Dairy Farms, Inc. v. BarberDistrict Court, E.D. New York · 1978