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SWIFT & COMPANY, INC. v. WALKLEY

No. 73 Civil 4881.

369 F.Supp. 1198 (1973)

SWIFT & COMPANY, INC., Plaintiff, v. Frank WALKLEY, Commissioner of Agriculture and Markets of the State of New York, Defendant.

United States District Court, S. D. New York.

December 6, 1973.

Attorney(s) appearing for the Case

William J. Condon, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendant; Mortimer Sattler, Asst. Atty. Gen., of counsel.

EDWARD WEINFELD, District Judge.

This action for a declaratory judgment and injunctive relief commenced by Swift & Company, Inc., a meat processor, against New York State's Commissioner of Agriculture and Markets in reality involves a conflict of policy between that state official and his counterpart in the federal government, the Secretary of the Department of Agriculture.1 The conflict, not of recent origin, currently centers about...

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