
    Adler’s Quality Milk, Inc., Respondent, v. Holton V. Noyes, as Commissioner of Agriculture and Markets of the State of New York, Appellant.
    Argued January 14, 1941;
    decided March 6, 1941.
    
      
      Robert G. Blabey and Milo R. Kniffen for appellant.
    
      Samuel Rubin for respondent.
   Judgments reversed and complaint dismissed on the authority of Adler, Inc., v. Noyes (285 N. Y. 34).

Concur: Lehman, Ch. J., Lotjghran, Finch, Lewis, Conway and Desmond, JJ. Dissenting: Rippey, J.  