DAIRY QUEEN OF WISCONSIN, INC. v. McDOWELL


260 Wis. 471 (1952)

DAIRY QUEEN OF WISCONSIN, INC., Appellant, vs. McDOWELL, Director of State Department of Agriculture, Respondent.

Supreme Court of Wisconsin.

January 8, 1952.


Attorney(s) appearing for the Case

For the appellant there were briefs by Flynn & Greenquist, and oral argument by G. L. Flynn and William R. Stroemer, all of Racine.

For the respondent there were briefs by the Attorney General and Richard E. Barrett, assistant attorney general, and oral argument by Mr. Barrett.

A brief amici curiae was filed by George L. Mooney of Plymouth, George M. St. Peter of Fond du Lac, and Ela, Christianson & Ela of Madison, on motion for rehearing.


MARTIN, J.

Two questions are presented on this appeal:

1. Does sec. 97.025, Stats., prohibit the manufacture and sale of appellant's product?

2. If so, is the statute constitutional?

Most of the facts were stipulated, there being few, if any, in dispute, and those not in sharp conflict. Here we have the trial court applying the law to the facts or the facts to the law, as it sees it. In such cases this court is not bound by the findings of...

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