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STATE OF NEW YORK BY ABRAMS v. BROWN

Civ. A. 88-1512.

721 F.Supp. 629 (1989)

STATE OF NEW YORK by Robert ABRAMS, Attorney General, Plaintiff, v. Arthur R. BROWN, Jr., et al., Defendants.

United States District Court, D. New Jersey.

As Amended September 20 and October 11, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. State of New York, Lloyd Constantine, Asst. Atty. Gen., Chief, Antitrust Bureau, Joseph Opper, Karen Mankes, Pamela Jones, New York City, and Linda Gargiulo, Nutley, N.J., for plaintiff.

W. Cary Edwards, Atty. Gen. of New Jersey (at time of briefing and argument), Eugene J. Sullivan, Asst. Atty. Gen., Mark Oshinskie, Deputy Atty. Gen., Trenton, N.J., for defendants.

OPINION

WOLIN, District Judge.

The State of New York, by its Attorney General, has brought this action to challenge a New Jersey statute and regulation that prohibit the sale of milk in New Jersey below cost. New York alleges that the statute and regulation have both the purpose and effect of discriminating against New York milk dealers and thus violate the Commerce Clause of the United States Constitution both on their face and as applied. New York has...

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