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PEOPLE EX REL. ORCUTT v. INSTANTWHIP DENVER, INC.

No. 23867.

490 P.2d 940 (1971)

The PEOPLE of the State of Colorado ex rel. John P. ORCUTT, Commissioner of Agriculture, Plaintiff in Error, v. INSTANTWHIP DENVER, INC., a corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

November 22, 1971.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert C. Miller, James K. Kreutz, Asst. Attys. Gen., Denver, for plaintiff in error.

Walter F. Scherer, Clarke W. Karr, Denver, for defendant in error.

LEE, Justice.

This writ of error is directed to a judgment of the Denver District Court denying plaintiff's application for a permanent injunction restraining defendant, Instantwhip Denver, Inc., from selling or offering for sale within the state of Colorado "Instantwhip's Dressing," "Jim's Dressing," and "Dressing," food products manufactured by defendant and sold at wholesale to restaurants and institutions such as hospitals. The complaint alleges that the above...

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