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Constitutional Law Keyed to Rotunda
Nebbia v. New York
Citation:
291 U.S. 502 (1934)Facts
The legislature of New York established a Milk Control Board with authority to fix minimum and maximum retail prices to be charged by stores to consumers for consumption off the premises where sold. The Board fixed nine cents as the price to be charged by a store for a quart of milk. Nebbia, the proprietor of a grocery store in New York, sold two quarts and a five cent loaf of bread for eighteen cents. He was convicted for violating the Board’s order. At the trial, he asserted the statute contravene the equal protection clause and the due process clause of the Fourteenth Amendment. During the period, prices received by farmers for milk were much below the cost of production. The situation of the families of dairy producers had become desperate.
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Topic Resources
Topic Videos
Topic Outline
Equal ProtectionTopic Refresher Course
Equal Protection Clause of the 14th Amendment