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Constitutional Law Keyed to Rotunda
H.P. Hood & Sons v. Du Mond
Citation:
336 U.S. 525 (1949)Facts
H.P. Hood, a Massachusetts corporation, has distributed milk and its products to people in Boston, which obtains about 90% of its milk from states other than Massachusetts. Dairies located in New York State have been among the sources of Boston’s supply. The area in which Hood has been denied an additional license to make interstate purchases has been developed as a part of the Boston milkshed from which the Hood and a competitor have shipped to Boston.The New York law forbids a dealer to buy milk from producers unless licensed to do so by the Commissioner of Agriculture and Markets. For the license, he must pay a substantial fee and furnish a bond to assure prompt payment to producers for milk. The Hood Company has met all the requirements but license for an additional plant was denied based on the provisions of the law that require him to be satisfied that the issuance of the license will not tend to a destructive competition in a market already adequately served and that the issuance of the license is in the public interest.
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