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Constitutional Law Keyed to Chemerinsky
H.P. Hood & Sons, Inc v. Du Mond, Commissioner of Agriculture and Markets of New York
Facts
The Plaintiff was a Boston distributor of milk who received milk from three New York plants. The Plaintiff wanted to build a fourth plant in New York, but the Defendant would not allow it and denied the Plaintiff a license for the new plant on the grounds that the issuance of the license would tend to destroy competition in a market already adequately served. Moreover, the Defendant stated that the creation of the fourth plant would draw milk supplies away from other existing processing plants and would tend to deprive the local market of an adequate supply of milk. The Plaintiff challenged using the Dormant Commerce Clause.
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