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ODLE v. IMPERIAL ICE CREAM COMPANY

No. 1 CA-CIV 832.

11 Ariz. App. 203 (1970)

463 P.2d 98

Ezra ODLE, Dairy Commissioner of the State of Arizona, Darrell F. Smith, Attorney General of the State of Arizona, and Robert K. Corbin, Maricopa County Attorney, Appellants, v. IMPERIAL ICE CREAM COMPANY, a corporation, and A.J. Bayless Markets, Inc., Appellees.

Court of Appeals of Arizona. Division 1.

January 7, 1970.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by T.A. Miller, Deputy Atty. Gen., Phoenix, for appellants.

Donald D. Meyers, Phoenix, for appellees.

HOWARD, Judge.

This is a declaratory judgment action wherein Imperial Ice Cream Company, hereinafter referred to as the plaintiff, and A.J. Bayless Markets, Inc., hereinafter referred to as intervenor, seek to have A.R.S. § 3-626.01 (Added Laws 1960) declared unconstitutional and void as it applies to the products designated as "imitation ice milk" and "imitation ice cream" which are manufactured by the plaintiff and shipped in interstate commerce for retail...

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