COLUMBUS MILK PRODUCERS v. DEPT. OF AGRICULTURE

No. 176.

48 Wis.2d 451 (1970)

180 N.W.2d 617

COLUMBUS MILK PRODUCERS' COOPERATIVE and another, Appellants, v. DEPARTMENT OF AGRICULTURE and another, Respondents.

Supreme Court of Wisconsin.

Decided November 3, 1970.


Attorney(s) appearing for the Case

For the appellants there were briefs by Harold Jordan, Doherty, Rumble & Butler, and Garrett B. Wright, all of St. Paul, Minnesota, and Carroll B. Callahan and Callahan & Arnold, all of Columbus, and oral argument by Mr. Jordan.

For the respondent State Department of Agriculture the cause was argued by Theodore L. Priebe, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the respondent Pure Milk Products Co-operative there was a brief by George M. St. Peter and St. Peter & Hauer, all of Fond du Lac, and oral argument by George M. St. Peter.


HEFFERNAN, J.

The claimants proceeded under sec. 100.06 (4), Stats. That subsection provides:

"Any person injured by the breach of any obligation under this section may file with the department a verified proof of claim. Upon receipt of such claim or any other evidence of default.... The department may demand, collect and receive from the licensee or the trustee, or from the surety... the amount determined to be necessary to satisfy such claims...."

...

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