GROCERS DAIRY CO. v. DEPT. OF AG. DIRECTOR

Calendar No. 16, Docket No. 50,830.

377 Mich. 71 (1966)

138 N.W.2d 767

GROCERS DAIRY COMPANY v. DEPARTMENT OF AGRICULTURE DIRECTOR.

Supreme Court of Michigan.

Decided January 5, 1966.


Attorney(s) appearing for the Case

Warner, Norcross & Judd (J.M. Neath, Jr., of counsel), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Maurice M. Moule, Assistant Attorney General, for defendant.


T.M. KAVANAGH, C.J.

In October, 1963, plaintiff brought this action for a declaratory judgment to have PA 1929, No 169, § 1, subd (q), as amended CLS 1961, § 288.1, subd (q) (Stat Ann 1961 Cum Supp § 12.601, subd [q]), which prohibited plaintiff from selling fluid milk in 1-gallon containers, declared unconstitutional. Plaintiff's contention was that such prohibition (1) exceeded the purpose and title of the act, and (2) was an arbitrary, capricious...

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