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ARIZONA COM'N OF AGRICULTURE & HORTICULTURE v. JONES

No. 7571.

91 Ariz. 183 (1962)

370 P.2d 665

The ARIZONA COMMISSION OF AGRICULTURE AND HORTICULTURE, Jess Watt, Chairman, Jewell Turner, Member, Homer Kryger, Member of said Commission, and W.T. Mendenhall, Arizona State Entomologist, and Arizona Cotton Growers Association, an Arizona non-profit corporation, Petitioners, v. Ross F. JONES, Judge of the Superior Court, Maricopa County, State of Arizona, S.W. Hansen, E.B. West and Desmond G. Wood, for and on behalf of themselves, Individually, and for and on behalf of others in a class similarly situated, real parties in interest, Respondents.

Supreme Court of Arizona, En Banc.

April 11, 1962.

Attorney(s) appearing for the Case

Robert W. Pickrell, The Atty. Gen., Joseph S. Jenckes, V Asst. Atty. Gen., for petitioner, The Arizona Commission of Agriculture and Horticulture.

Snell & Wilmer, Phoenix, for petitioner, Arizona Cotton Growers Association.

Tenney & Pearson, Phoenix, for respondents.

STRUCKMEYER, Justice.

In 1958 the Arizona Commission of Agriculture and Horticulture determined that by reason of the pink bollworm of cotton a menace existed to the agricultural industry of this state. Thereafter, by Revised Quarantine Regulation No. 7, it provided that no volunteer or stub cotton would be allowed to grow in the State of Arizona and by Regulation No. 4 of Revised Quarantine Regulation No. 7 required that all crop remnant after cotton harvest be shredded...

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