Nature of the Case
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Facts
The New York Milk Control Act set up a system of minimum prices to be paid by dealers to producers. To keep the system unimpaired by competition from afar, the Act had a provision whereby the protective prices were extended to that part of the supply which comes from other states. Seelig (P) purchased its milk from the Creamery in Vermont at prices lower than the minimum payable to producers in New York. The Commissioner of Farms and Markets refused to give P a license unless it signed an agreement that it would abide by the New York statute and regulations in the sale of its imported product. P refused to do so. P then sued to restrain the enforcement of the Act. The District Court of three judges granted a final decree restraining enforcement of the Act while the milk was in cans but refused to enjoin milk taken out of the cans for bottling. Both sides appealed.
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