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LEVER BROTHERS COMPANY v. ERBE

No. 49237.

87 N.W.2d 469 (1958)

LEVER BROTHERS COMPANY, a Corporation, and Mrs. Clark's Foods, Inc., a Corporation, Appellants, v. Norman A. ERBE, Attorney General of Iowa, Clyde Spry, Secretary of Agriculture of Iowa, L. B. Llddy, Chief, Dairy and Food Division, Department of Agriculture of Iowa, Ray Hanrahan, County Attorney of Polk County, Charles King, County Attorney of Marshall County, Martin D. Leir, County Attorney of Scott County, Arthur H. Johnson, County Attorney of Webster County, and Donald E. O'Brien, County Attorney of Woodbury County, Appellees.

Supreme Court of Iowa.

January 14, 1958.

Attorney(s) appearing for the Case

Brody, Parker, Miller, Roberts & Thoma, Des Moines, for appellants.

Norman A. Erbe, Atty. Gen., Don C. Swanson and Freeman H. Forrest, Asst. Attys. Gen., for appellees.

GARFIELD, Justice.

The vital question we find it necessary to decide is whether Iowa law prohibits the sale of oleomargarine (herein also called margarine) containing about two per cent butterfat. We must disagree with the trial court's holding there is such prohibition.

Plaintiff Lever Bros. Co. manufactures Imperial margarine. Plaintiff Mrs. Clark's Foods, Inc., an Iowa corporation, distributes it to about 1100 retailers in Iowa. November 20, 1956, the state...

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