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PEOPLE EX REL. ORCUTT v. DISTRICT COURT

No. 23448.

445 P.2d 887 (1968)

The PEOPLE of the State of Colorado ex rel. John P. ORCUTT, Commissioner of Agriculture for the State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the CITY AND COUNTY OF DENVER, The Honorable Edward J. Keating, District Judge, Shoenberg Farms, Inc., a Colorado corporation, Rocky Mountain Dairy Products, Inc., a Colorado corporation, and Edward P. Tepper, Respondents.

Supreme Court of Colorado, En Banc.

October 21, 1968.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert Miller, Asst. Atty. Gen., Russell P. Kramer, Sp. Asst. Atty. Gen., for petitioner.

Creamer & Creamer, George Creamer, Ronald Zall, Denver, for respondents.

DAY, Justice.

This is an original proceeding. The question to be determined is: Whether the district court had jurisdiction under R.C.P.Colo. 106 to prohibit the Commissioner of Agriculture from conducting an administrative hearing authorized by pertinent statutes commonly referred to as the Agricultural Marketing Act. We answer the question in the negative.

Shoenberg Farms, Inc., Rocky Mountain Dairy Products, Inc. and Edward P. Tepper, President and principal...

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