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CONNER v. CONE

No. 38727.

235 So.2d 492 (1970)

Doyle CONNER, Commissioner of the Department of Agriculture of the State of Florida, and the Florida Department of Agriculture, Appellants, v. J.H. CONE and J.C. Cone d/b/a Cone's Dairy, and Quality Food Products, Inc., a Georgia Corporation Authorized to Do Business within the State of Florida, Appellees.

Supreme Court of Florida.

May 13, 1970.

Attorney(s) appearing for the Case

Robert A. Chastain, Acting Chief Counsel, Florida Dept. of Agriculture and Consumer Services, and Joseph C. Jacobs of Ervin, Pennington, Varn & Jacobs, Tallahassee, for appellants.

E. Lee Redfern, Atlanta, Ga., and F.E. Steinmeyer, III, of Hopkins, Folsom & Steinmeyer, Tallahassee, for appellees.

CARLTON, Justice.

Appellees entered into a contract providing that Cone's Dairy would formulate and market in Florida various food products made according to formulae owned and controlled by Quality Food Products, Inc. The Florida Department of Agriculture approved the marketing of some of these products, but opposed the marketing of others on the ground that they qualified as filled milk products prohibited by F.S. § 502.151, F.S.A.1

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