Greater New York Metropolitan Food Council & Sloan's Supermarkets Inc. v. McGuire

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiffs seek a declaratory judgment that the New York State milk pricing law, N.Y.Gen.Bus.Law § 396-rr (McKinney 1992), is so vague as to violate the Due Process Clause of the United States Constitution. Defendant moves to dismiss plaintiffs’ complaint for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6). Alternatively, defendant requests that this Court abstain from ruling on the validity of the milk pricing law. For the reasons stated below, defendant’s request for abstention is granted.

I

Plaintiff The…