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INTERSTATE MILK HANDLERS v. HOFFMAN

34 N.J. Super. 356 (1955)

112 A.2d 574

INTERSTATE MILK HANDLERS, AN UNINCORPORATED ASSOCIATION, CLINTON MILK COMPANY, CONSUMERS DAIRY CO., INC., H. BAKER MILK COMPANY, INC., IDEAL DAIRY FARMS, LOTZ BROS. DAIRY, INC., RAY C. LOTZ, T/A MAPLECREST FARMS, MIDDLETOWN MILK AND CREAM COMPANY, INC., MILLER DAIRIES, INC., PURITAN DAIRY, PURITAN MILK COMPANY, PURITAN DAIRY PRODUCTS COMPANY, SHEFFIELD FARMS CO., INC., TUSCAN DAIRY FARMS, INC., AND TUSCAN FARM PRODUCTS COMPANY, PLAINTIFFS, v. FLOYD R. HOFFMAN, DIRECTOR OF THE OFFICE OF MILK INDUSTRY, DEFENDANT. SOUTH JERSEY MILK DEALERS ASSOCIATION, ET AL., INTERVENORS.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1955.

Attorney(s) appearing for the Case

Mr. Samuel Kaufman argued the cause for the plaintiffs (Messrs. Bilder, Bilder & Kaufman, Mr. Arthur J. Sills (Messrs. Wilentz, Goldman, Spitzer & Sills) and Mr. Julius Stein (Messrs. Stein & Feinseth), attorneys).

Mr. Harold Kolovsky, Assistant Attorney-General, argued the cause for the defendant (Mr. Grover C. Richman, Jr., Attorney-General, by Mr. Joseph Lanigan, Deputy Attorney-General, attorney).

Mr. Augustus C. Studer, Jr., argued the cause for the intervenors (Messrs. McCarter, English & Studer, Mr. John Martin, and Mr. Henry T. Reath (Messrs. Duane, Morris & Heckscher (of the Pennsylvania bar), attorneys)).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.A.D.

The Legislature has undertaken to regulate and control the production, distribution and sale of milk within the State of New Jersey. N.J.S.A. 4:12A-1 et seq. The Office of Milk Industry (formerly the Milk Control Board, N.J.S.A. 4:12A-2) was created to administer the act (N.J.S.A. 4:1-24, 4:1-25) and provision was made for the appointment of a chief administrative officer...

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