H.P. HOOD & SONS V. DuMOND
336 U.S. 525 (1949)
NATURE OF THE CASE: This is an appeal of state courts' decision upholding the denial of a
license pursuant to state law.
FACTS: Hood was a Boston milk distributor. The Boston area obtained 90% of its milk
supply from outside of Massachusetts. Hood had long obtained milk from New York producers
and had maintained three receiving depots there. Hood sought a New York license to establish
a fourth depot, a few miles away from two of its existing depots. The N.Y. Commissioner of
Agriculture and Markets denied a license for the depot on the basis of a state law stating
that licenses for new plants could not be issued unless the Commissioner was satisfied that
'issuance of the license will not tend to a destructive competition in a market already
adequately served, and the issuance of the license is in the public interest.' The state
courts rejected Hood's commerce clause challenge to the license denial. The Court of Appeals
affirmed. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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