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NESS PRODUCE CO. v. SHORT

Civ. No. 65-405.

263 F.Supp. 586 (1966)

NESS PRODUCE CO., an Oregon corporation, Plaintiff, v. James F. SHORT, Director of Agriculture of the State of Oregon, State Department of Agriculture of the State of Oregon, Mark O. Hatfield, Governor of the State of Oregon, Robert Y. Thornton, Attorney General of the State of Oregon, and their respective successors in office and servants, agents, employees and representatives of their departments, and all others acting on their behalf or in concert with them, Defendants.

United States District Court D. Oregon.

July 25, 1966.

Attorney(s) appearing for the Case

Robert Y. Thornton, Atty. Gen., and Harold E. Burke, Asst. Atty. Gen., Salem, Or., for the State.

Theodore B. Jensen and Donald J. DeFrancq, of Davis, Jensen, Martin & Robertson, Portland, Or., for Ness Produce Co.

Before ELY, Circuit Judge, and SOLOMON and TAYLOR, District Judges.

OPINION

PER CURIAM:

Plaintiff, Ness Produce Co., filed this action to enjoin defendants from enforcing Chapter 150, Oregon Laws 1965, which requires the labeling of imported meat. Defendants are the officials and agency of the State of Oregon charged with enforcing the statute.

Chapter 150 was enacted on April 7, 1965, and became law on August 13, 1965. Upon stipulation of the parties, a preliminary injunction...

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