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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)


H.P. Hood & Sons, Inc. (plaintiff) was a Massachusetts company that distributed milk and milk products to Boston. In addition to the milk it received from Hood and other milk producers, Boston received approximately eight percent of its milk supply from producers located in New York. The present case arose when Hood sought to open an additional milk plant in Greenwich, New York. Du Mond (defendant), the Commissioner of Agriculture & Markets of New York, denied Hood’s application for a license to build the new plant. Du Mond sought to promote the sale of milk from instate New York producers by denying the building of a new plant by an out-of-state milk producer. The lower courts upheld New York’s denial of Hood’s application to build a new plant, and the United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Jackson, J.)

Dissent (Black, J.)

Dissent (Frankfurter, J.)

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