US SUPREME COURT DECISIONS

1. By orders issued under the New York Milk Control Statute, dealers were required to pay producers of milk a minimum price per quart, and were subject to higher minimum resale prices. Competition made it impossible for the dealer in this case to sell for more than the resale minimum, and the "spread," or difference between that and the minimum purchase price, was not enough to cover the cost of its operations. Held that, upon these facts only, with nothing to show the degree of efficiency with which its business was conducted, there is no ground to conclude that the price limits are arbitrary, and therefore in violation of the due process clause of the Fourteenth Amendment. P. 293 U. S. 170.

2. The Fourteenth Amendment does not protect a business against the hazards of competition. Public Service Comm'n v. Great Northern Utilities Co., 289 U. S. 130. P. 293 U. S. 170.

3. One who complains that regulations promulgated under legislative authority by a state board are unreasonable and oppressive should seek relief by resisting the regulations before that board or by applying to the board to modify them, before bringing suit. Petersen Baking Co. v. Bryan, 290 U. S. 570. P. 293 U. S. 172.

6 F.Supp. 297 affirmed.

Appeal from a decree of the District Court of three judges dismissing the bill in a suit attacking an order fixing minimum prices under the New York Milk Control Act. chanrobles.com-red

Page 293 U. S. 167