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LAMPERT DAIRY FARM, INC., v. HOFFMAN

35 N.J. 205 (1961)

172 A.2d 431

LAMPERT DAIRY FARM, INC., A CORPORATION OF THE STATE OF NEW JERSEY, THOMAS SUDZIN AND LOUIS SUDZIN, t/a MAPLEHURST FARMS AND NORMAN HALPERN AND HERBERT HALPERN, t/a CORNELL DAIRY FARMS, APPELLANTS, AND GARDEN STATE FARMS, INC., INTERVENING APPELLANT, v. FLOYD R. HOFFMAN, DIRECTOR, OFFICE OF MILK INDUSTRY, AND DAIRY PROCESSORS AND HANDLERS OF NEW JERSEY, INC., RESPONDENTS, AND BORDENS FARM PRODUCTS CO. OF NEW JERSEY, ET AL., AND ATZINGEN-WHITEHOUSE DAIRIES, INC., ET AL., INTERVENING RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 30, 1961.

Attorney(s) appearing for the Case

Mr. David I. Stepacoff argued the cause for the appellants.

Mr. Nicholas Martini argued the cause for the intervening appellant.

Mr. William D. Hill argued the cause for the respondent, Floyd R. Hoffman, Director, Office of Milk Industry (Mr. David D. Furman, Attorney General of New Jersey, attorney).

Mr. Arthur J. Sills argued the cause for the respondents, Dairy Processors and Handlers of New Jersey, Inc. and intervening respondents, Atzingen-Whitehouse Dairies, Inc., et al. (Messrs. Wilentz, Goldman, Spitzer & Sills, attorneys; Mr. Frederick K. Becker, on the brief).

Mr. Willis F. Daniels, of the Pennsylvania Bar, argued the cause for intervening respondents, Bordens Farm Products Co. of New Jersey, et al. (Mr. Richard W. DeKorte, attorney, and on the brief).

PER CURIAM.

This is an appeal from an order of the Office of Milk Industry (OMI) which establishes a sliding scale of minimum prices for the resale of milk in the thirteen northern counties of this state. The appeal was certified before argument in the Appellate Division. We have decided to remand to the Director of OMI for a further hearing, compilation of a more complete record, and further findings of fact. The reason for our action follows.

Appellants...

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