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BEATRICE FOODS COMPANY v. CITY OF OKMULGEE

No. 39592.

381 P.2d 863 (1963)

BEATRICE FOODS COMPANY, a Corporation, Plaintiff in Error, v. CITY OF OKMULGEE, Oklahoma, a Municipal Corporation, et al., Defendants in Error.

Supreme Court of Oklahoma.

As Amended on Denial of Rehearing May 13, 1963.

Attorney(s) appearing for the Case

D.F. Rainey, Boatman, Pugsley & Boatman, Smith, Inglish & Gray, Okmulgee, for defendants in error.

Campbell & Campbell, Tulsa, Hays & Beidleman, Okmulgee, for plaintiffs in error.

JACKSON, Justice.

In 1954, the city of Okmulgee adopted a comprehensive milk control ordinance. The large majority of its technical provisions were substantially the same as, or identical with, the provisions of 63 O.S. 1961 §§ 295.1 through 295.11. However, there were some provisions, to be hereinafter noted, which were different.

In May, 1960, plaintiff, Beatrice Foods Company, a milk processor with a...

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