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STATE v. TEXACO

14 Wis.2d 625 (1961)

STATE, Respondent, v. TEXACO, INC., Appellant.

Supreme Court of Wisconsin.

November 17, 1961.

Attorney(s) appearing for the Case

For the appellant there were briefs by Amzy B. Steed and James W. Campbell, both of New York City, and Foley, Sammond & Lardner of Milwaukee, attorneys, and Kaye, Scholer, Fierman, Hays & Handler of New York City of counsel, and oral argument by Mr. Steven E. Keane of Milwaukee, and Mr. Steed.

For the respondent the cause was argued by George F. Sieker and George B. Schwahn, assistant attorneys general, with whom on the brief was John W. Reynolds, attorney general.

DIETERICH, J.

Texaco in support of the demurrer contends that the complaint fails to state a cause of action because there has been no determination made by the department of agriculture that Texaco has violated a department order. It further contends that orders secs. Ag 112.01 and Ag 112.03, 1 Wis. Adm. Code, adopted by the department of agriculture pursuant to sec. 100.20 (2), Stats., are unconstitutional in their application to Texaco because of an alleged conflict...

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