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FOREMOST-McKESSON, INC. v. DAVIS

No. 57909.

488 S.W.2d 193 (1972)

FOREMOST-McKESSON, INC., a corporation, et al., Appellants, v. Dexter D. DAVIS, Commissioner of Agriculture of Missouri, and John C. Danforth, Attorney General of Missouri, Respondents, and Bailey Farms, Inc., et al., Intervenors.

Supreme Court of Missouri, En Banc.

December 21, 1972.

Attorney(s) appearing for the Case

Cullen Coil, Carson, Inglish, Monaco & Coil, Jefferson City, and Dick H. Woods, Lawrence M. Berkowitz, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, for Foremost-McKesson, Inc. and Hawthorn-Mellody, Inc.

John J. Kitchin, Swanson, Midgley, Jones, Eager, Gangwere & Thurlo, Kansas City, for Fairmont Foods Co.

Martin J. Purcell, Morrison, Hecker, Cozad, Morrison & Curtis, Kansas City, for Kraftco Corp.

John C. Danforth, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Jefferson City, for defendants-respondents.

Veryl L. Riddle, Thomas C. Walsh, St. Louis, for intervenors-respondents.

Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel, for respondents.

SEILER, Justice.

This is a declaratory judgment and injunctive relief action brought by four milk processors and distributors. The circuit court denied relief, and plaintiffs appeal, maintaining that certain of the rules and regulations promulgated by the commissioner of agriculture under the Unfair Milk Practices Act, Sec. 416.410-416.560,1 are unlawful and void and plaintiffs are entitled to a permanent injunction against their enforcement...

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