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H.P. Hood & Sons, Inc. v. Du Mond, Commissioner of Agriculture & Markets of New York

United States Supreme Court

336 U.S. 525 (1949)

Relevant factsFree

H.P. Hood & Sons (plaintiff), a Massachusetts milk distributor supplying Boston, sought a New York license to open a fourth milk-receiving plant in Greenwich, New York, because its existing plants struggled to handle milk within Boston's required timeframes. Du Mond (defendant), New York's Commissioner of Agriculture, denied the application specifically to protect in-state producers from the additional competition and supply diversion a new out-of-state-linked plant would create. The lower courts upheld the denial, and the Supreme Court granted certiorari.

IssueFree

Whether the judiciary, in the absence of congressional action, may invalidate state and local laws that unduly burden interstate commerce.

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