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FOREMOST DAIRIES, INC. v. THOMASON

No. 50046.

384 S.W.2d 651 (1964)

FOREMOST DAIRIES, INC., a Corporation, and National Dairy Products Corporation, a Corporation, Respondents, v. Don THOMASON, Commissioner of Agriculture of Missouri, and Thomas F. Eagleton, Attorney General of Missouri, Appellants. NATIONAL DAIRY PRODUCTS CORPORATION, a Corporation, Respondent, v. Don THOMASON, Commissioner of Agriculture of Missouri, and Thomas F. Eagleton, Attorney General of Missouri, Appellants.

Supreme Court of Missouri, En Banc.

December 14, 1964.

Attorney(s) appearing for the Case

Kuraner, Freeman, Kuraner, Oberlander & Lamkin, and Charles F. Lamkin, Jr., Kansas City, Wayne D. Hudson, General Counsel, Foremost Dairies, Inc., San Francisco, Cal., of counsel, for Foremost Dairies, Inc.

Morrison, Hecker, Cozad & Morrison and Martin J. Purcell, Kansas City, Richard L. Johnston, Chicago, Ill., of counsel, for National Dairy Products.

Rozier, Carson, Inglish, Nacy & Monaco, John W. Inglish, Jefferson City, of counsel for both respondents.

Thomas F. Eagleton, Atty. Gen., John H. Denman, Asst. Atty. Gen., Jefferson City, for appellants.

Gray L. Dorsey, Chesterfield, Riddle, O'Herin & Newberry, Malden, amici curiae.

HOLMAN, Judge.

The respondents, Foremost Dairies, Inc., and National Dairy Products Corporation, instituted this action for a declaratory judgment to determine the validity of rules promulgated by the appellant, Don Thomason, Commissioner of Agriculture of Missouri, under the Unfair Milk Sales Practices Act, §§ 416.410-416.560,1 and for a determination of the validity, under the Act...

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