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STATE DEPT, AGRICULTURE v. TILLAMOOK CHEESE & DAIRY

442 P.2d 608 (1968)

STATE Department of Agriculture, a State Agency, Respondent, v. TILLAMOOK CHEESE and DAIRY Association, Appellant.

Supreme Court of Oregon, In Banc.

Decided June 19, 1968.

Attorney(s) appearing for the Case

Tooze Powers, Kerr, Tooze & Peterson, Portland, for the petition.

Robert Y. Thornton, Atty. Gen., and Harold E. Burke, Asst. Atty. Gen., Salem, contra.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, DENECKE, HOLMAN and LUSK, JJ.

LUSK, Justice.

Defendant has filed a petition for rehearing in which it expressly refrains from questioning, though it does not concede the correctness of, the conclusions heretofore announced by us. Instead, it raises a new point, not included in its briefs and first mentioned by its counsel on the oral argument, and not discussed in our former opinions, 439 P.2d 592. The brief in support of the petition says:

"The contract...

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