HOWLE v. ALABAMA STATE MILK CONTROL BOARD

3 Div. 720.

90 So.2d 752 (1956)

Henry W. HOWLE et al., d/b/a Deep South Creamery, v. ALABAMA STATE MILK CONTROL BOARD.

Supreme Court of Alabama.

November 15, 1956.


Attorney(s) appearing for the Case

St. John & St. John, Finis E. St. John and Jack Riley, Cullman, for appellants.

Sol E. Brinsfield, Jr., Montgomery, for appellee.

Rushton, Stakely & Johnston, Watkins C. Johnston and Oakley W. Melton, Jr., Montgomery, amici curiae.


LIVINGSTON, Chief Justice.

Appellants filed a bill of complaint in equity in the Circuit Court of Montgomery County, Alabama, under the provisions of Article 12, § 156 et seq., Title 7, Code of Alabama 1940, seeking a declaratory judgment against appellee, Alabama Milk Control Board. Appellee moved to strike the bill of complaint on the grounds that Section 226, Title 22, Code 1940, provides an exclusive method to challenge...

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