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DEFIANCE MILK PROD. CO. v. DU MOND

285 A.D. 337 (1954)

Defiance Milk Products Co., Respondent, v. C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 28, 1954.

Attorney(s) appearing for the Case

Robert G. Blabey and George G. Fiesinger for appellant.

David S. Williams for respondent.

ZELLER, J., concurs with IMRIE, J.; BERGAN, J. P., concurs in a separate opinion in which IMRIE and ZELLER, JJ., concur; HALPERN, J., dissents in an opinion, in which COON, J., concurs.

IMRIE, J.

Subdivision 2 of section 64 of the Agriculture and Markets Law of this State reads, "No person shall sell or exchange, or offer or expose for sale, or exchange, any condensed or evaporated skimmed milk, except it be in containers or packages containing ten pounds avoirdupois net weight or more, which containers or packages shall be distinctly labeled, branded or marked in block letters not less than...

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