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CURLY'S DAIRY, INC. v. DEPT. OF AGRICULTURE

244 Or. 15 (1966)

415 P.2d 740

CURLY'S DAIRY, INC. ET AL v. STATE DEPARTMENT OF AGRICULTURE

Supreme Court of Oregon.

Affirmed June 15, 1966.

Attorney(s) appearing for the Case

Dean Ellis, Salem, argued the cause and filed a brief for the appellants.

Helen B. Kalil, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Robert Y. Thornton, Attorney General, Don Parker, C.D. Royal, and Harold E. Burke, Assistant Attorneys General, Salem.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

PERRY, J.

This is a suit brought by petitioners Curly's Dairy, Inc., and Lester W. Hagel for a declaratory judgment construing the provisions of ORS, Chapter 583, particularly ORS 583.510(2). The precise question is whether the Department of Agriculture (hereinafter referred to as the Department) has the authority under ORS 583.510 to establish separate pools for producers and producer-distributors within the same market area. The trial court held...

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