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FARMLAND DAIRIES v. McGUIRE

Nos. 91 Civ. 3642 (RPP), 91 Civ. 4574 (RPP).

789 F.Supp. 1243 (1992)

FARMLAND DAIRIES, Fairdale Dairies, Inc. and Fairlawn Dairies, Inc., Plaintiffs, v. Richard T. McGUIRE, as Commissioner of the New York State Department of Agriculture and Markets, Defendant. LEHIGH VALLEY DAIRIES, INC., Johanna Farms, Inc., Johnstown Sani-Dairy, a Division of Penn Traffic Co., and Tuscan Dairy Farms, Inc., Plaintiffs, v. Richard T. McGUIRE, as Commissioner of the New York State Department of Agriculture and Markets, Defendant.

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

April 14, 1992.

Attorney(s) appearing for the Case

Friedman, Wittenstein & Hochman, by Andrew A. Wittenstein, Stuart I. Friedman, New York City, for plaintiffs Farmland Dairies, et al.

Gross, McGinley, LaBarre & Eaton by J. Jackson Eaton, III, Allentown, Pa., Richard Turyn, New York City, for plaintiffs Lehigh Valley, et al.

Robert Abrams, Atty. Gen., State of N.Y. by Barrie L. Goldstein, Dept. of Law, New York City, Joan A. Kehoe by Michael McCormick, Dept. of Agr. and Markets of State of N.Y., Albany, N.Y., for defendant.

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiffs bring these actions for declaratory and injunctive relief under 42 U.S.C. § 1983 and the Commerce Clause of the United States Constitution, Article I, Section 8, Clause 3. Plaintiffs also seek an award of attorneys fees, pursuant to 42 U.S.C. § 1988, and costs. Plaintiffs, milk dealers who are licensed to sell milk in New York and whose milk processing plants are located out of state, challenge New York...

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