DEPT. OF AGRICULTURE v. WATKINS


244 Or. 484 (1966)

419 P.2d 26

STATE DEPARTMENT OF AGRICULTURE v. WATKINS

Supreme Court of Oregon.

Reversed and remanded October 19, 1966.


Attorney(s) appearing for the Case

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

No appearance for respondent.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, DENECKE, HOLMAN and LUSK, Justices.


REVERSED AND REMANDED.

SLOAN, J.

The department brought this action to enforce what it alleged were violations of the Milk Marketing Act, ORS Chapter 583 and of the department's regulations. The trial court held that statutes did not authorize the department to impose its price regulation authority on the transactions involved here and that the only form of enforcement available to the department was to invoke a criminal sanction. The department appeals. Respondent...

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