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STATE EX REL. JOHNSON v. SUNSHINE FOOD MARKETS

No. 10589.

171 N.W.2d 508 (1969)

STATE of South Dakota ex rel. Ernest L. JOHNSON, Secretary of Agriculture, Appellant, v. SUNSHINE FOOD MARKETS, INC., a Corporation, its Officers, Agents, and Employees, Respondent.

Supreme Court of South Dakota.

Rehearing Denied November 14, 1969.

Attorney(s) appearing for the Case

Gordon Mydland, Atty. Gen., Thomas R. Vickerman, Asst. Atty. Gen., Pierre, for appellant.

John E. Burke, Sioux Falls, for respondent.

RENTTO, Judge.

This appeal brings before us, for the first time, the Dairy Industry Marketing Act which came into our law as Ch. 9, Laws of 1966 and appears now in SDCL 1967 37-3-8 to 37-3-72, inclusive.

In addition to prohibiting enumerated practices in the marketing of selected dairy products, it created a South Dakota Dairy Products Marketing Commission, and charged it with the duty of determining minimum dock and wholesale prices of designated dairy products...

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