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YOERG v. IOWA DAIRY INDUSTRY COMMISSION

No. 48357.

60 N.W.2d 566 (1953)

YOERG et al. v. IOWA DAIRY INDUSTRY COMMISSION.

Supreme Court of Iowa.

October 20, 1953.

Attorney(s) appearing for the Case

Prince & Guthrie, of Webster City, for appellants.

L. A. Hoegh, Atty. Gen., Clarence A. Kading, Asst. Atty. Gen., and Lehmann, Hurlburt, Blanchard & Cless, of Des Moines, for appellee.

OLIVER, Justice.

Chapter 179, Code of Iowa 1950, I.C.A., provides for the creation of Iowa Dairy Industry Commission and specifies its various powers and duties with reference to dairy products and their promotion. Code section 179.5, as amended by Acts 1951, 54th G.A., Ch. 79, section 2, provides in part:

"Excise tax.

"1. There is hereby levied and imposed an excise tax of one cent per pound or fraction thereof upon all butterfat sold in the state...

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