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MARTIN v. WHOLESOME DAIRY, INC.

No. 11652.

437 S.W.2d 586 (1969)

Crawford C. MARTIN et al., Appellants, v. WHOLESOME DAIRY, INC., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 26, 1969.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., A. J. Carubbi, Jr., Executive Asst. Atty. Gen., J. C. Davis, W. O. Shultz and Pat Bailey, Asst. Attys. Gen., Austin, for appellants.

Potash, Cameron, Bernat & Studdard, Don Studdard, El Paso, for appellee.

HUGHES, Justice.

This suit was brought by Wholesome Dairy, Inc., appellee, against Crawford C. Martin, Attorney General of Texas, James E. Peavy, Commissioner, Texas State Board of Health and Manuel D. Hornedo, M.D., Director, El Paso City County Health Unit, seeking a declaratory judgment that Art. 713a, V.T.P.C., is unconstitutional or inapplicable to an imitation milk product known as "Farmer's Daughter High Protein Drink" which appellee desired to manufacture...

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