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ARDEN FARMS CO. v. STATE DEPT. OF AGRICULTURE

245 Or. 214 (1966)

420 P.2d 379

ARDEN FARMS CO. ET AL v. STATE DEPARTMENT OF AGRICULTURE ET AL

Supreme Court of Oregon.

Reversed November 23, 1966.

Petition for rehearing denied December 20, 1966.

U.S. Supreme Court dismissed March 22, 1967.

Petition for rehearing denied April 19, 1967.

Attorney(s) appearing for the Case

Clifton D. Royal, Assistant Attorney General, Salem, argued the cause for appellants. With him on the briefs were Robert Y. Thornton, Attorney General, and Don Parker, Helen B. Kalil, and Harold E. Burke, Assistant Attorneys General, Salem.

James H. Clarke, Portland, argued the cause for respondents. With him on the brief were McColloch, Dezendorf & Spears, Bertrand J. Close, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

Before PERRY, Presiding Justice, and SLOAN, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

REVERSED.

GOODWIN, J.

This is a declaratory suit to test the validity of a milk-price-stabilization rule promulgated by the State Department of Agriculture under the authority of ORS 583.405 to 583.545. The Department appeals a decree striking down the regulation.

Plaintiffs are engaged in the processing and sale of dairy products. They operate processing plants in Oregon and import a substantial portion of their milk requirements from outside the...

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