SWISHER v. BROWN

No. 21510.

402 P.2d 621 (1965)

Paul W. SWISHER as Commissioner of Agriculture of the State of Colorado, the State of Colorado Department of Agriculture, et al., Plaintiffs in Error, v. Otis P. BROWN and George Russ, Defendants in Error.

Supreme Court of Colorado, En Banc.

June 7, 1965.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Clifton A. Flowers, Asst. Atty. Gen., Russell P. Kramer, Sp. Asst. Atty. Gen., for plaintiffs in error.

Gelt & Grossman, Denver, for defendants in error.


MOORE, Justice.

We will refer to the parties as they appeared in the trial court where the plaintiffs in error were defendants and the defendants in error were plaintiffs.

The action was brought by the plaintiffs for a declaratory judgment with reference to the constitutionality of the Colorado Agricultural Marketing Act of 1939 (C.R.S. '53, 7-3-1 to 23).

The amended complaint filed by the plaintiffs contains three separately stated claims. The first...

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