Dairy Sealed, Inc. v. Ten Eyck

Plaintiff brought suit to enjoin the Commissioner of Agriculture and Markets from proceeding to enforce an order made by him under these facts:

On or about May 6, 1936, defendant Ten Eyck, as Commissioner of Agriculture and Markets, acting pursuant to section 258-m of the Agriculture and Markets Law, promulgated Official Order 106, to take effect on May 10, 1936, permitting plaintiff and others “ not having a ‘ well advertised trade name ’” to sell grade B milk in bottles at a price not more than one cent per quart below the price of well-known brands to stores in the city of New York.

Section…