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L & L STARTED PULLETS, INC. v. GOURDINE

No. 83 Civ. 5394(ADS).

592 F.Supp. 367 (1984)

L & L STARTED PULLETS, INC., Avian Bates Farms, Inc., Mountain Pride Farmers, Inc., a wholly owned subsidiary of Intercounty Farmer Co-Operative Association, a New York cooperative association, class plaintiffs, for themselves and on behalf of a class similarly situated and the Grand Union Company, a Delaware Corporation, Plaintiffs, v. Simon P. GOURDINE, as Commissioner of Department of Consumer Affairs of City of New York, and The City of New York, Defendants.

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

July 13, 1984.

Attorney(s) appearing for the Case

Orseck, Orseck & Greenberg, Liberty, N.Y., for plaintiffs; Gerald Orseck, Liberty, N.Y., of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, New York City, for defendants; Joseph I. Laver, Gary R. Tarnoff, Dale C. Kutzbach, Kristin Helmers, Howard S. Weiss, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

Three of the four "named" plaintiffs in this action are New York corporations which own and operate egg farms in Sullivan County, within the Southern District of New York. They are allegedly members of a class in excess of 100 members, each member of which owns and operates an egg plant, as approved by the United States Department of Agriculture (hereinafter "USDA"), located in the states of New York,...

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