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FLORIDA AVOCADO GROWERS v. PAUL

No. 45.

373 U.S. 132 (1963)

FLORIDA LIME & AVOCADO GROWERS, INC., ET AL. v. PAUL, DIRECTOR OF THE DEPARTMENT OF AGRICULTURE OF CALIFORNIA, ET AL.

Supreme Court of United States.

Decided May 13, 1963.

Attorney(s) appearing for the Case

Isaac E. Ferguson argued the cause and filed briefs for appellants in No. 45 and appellees in No. 49.

John Fourt, Deputy Attorney General of California, argued the cause for appellees in No. 45 and appellants in No. 49. With him on the briefs were Stanley Mosk, Attorney General, Lawrence E. Doxsee, Deputy Attorney General, and William A. Norris.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Section 792 of California's Agricultural Code, which gauges the maturity of avocados by oil content, prohibits the transportation or sale in California of avocados which contain "less than 8 per cent of oil, by weight . . . excluding the skin and seed."1 In contrast, federal marketing orders approved by the Secretary of Agriculture gauge...

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