Legal Opinion

New York State Guernsey Breeders' Co-operative, Inc. v. Noyes

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1940PublishedCited by 7 opinions

1Opinion of the CourtMcCurn, J.

This is a proceeding under article 78 of the Civil Practice Act to review the promulgation by the Commissioner of Agriculture and Markets of the State of New York of a milk marketing order for the so-called Rochester area. The principal features of the order complained of are that it fixes a minimum price and provides for equalization in the Rochester area.

The statutory authority for the marketing order is provided in sections 258-k to 258-m, inclusive, of the Agriculture and Markets Law. The statute with which we are concerned was passed by the 1937 Legislature and became effective May 19,…

2Cases cited15 opinions

  1. United States v. Rock Royal Co-Operative, Inc.Supreme Court of the United States · 1939
  2. Pacific States Box & Basket Co. v. WhiteSupreme Court of the United States · 1935
  3. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  4. Matter of Elite Dairy Products v. Ten EyckNew York Court of Appeals · 1936
  5. H. P. Hood & Sons, Inc. v. United StatesSupreme Court of the United States · 1939

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3Cited by7 opinions

  1. New York State Guernsey Breeders' Co-Op., Inc. v. WickardCourt of Appeals for the Second Circuit · 1944
  2. Queensboro Farm Products, Inc. v. StateNew York Court of Claims · 1940
  3. Beers v. WickhamAppellate Division of the Supreme Court of the State of New York · 1966
  4. New York State Guernsey Breeders' Co-operative, Inc. v. NoyesAppellate Division of the Supreme Court of the State of New York · 1940
  5. New York State Guernsey Breeders' Co-operative, Inc. v. NoyesAppellate Division of the Supreme Court of the State of New York · 1940

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