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CARNATION CO. v. DEPARTMENT OF AGRICULTURE

488 P.2d 1385 (1971)

CARNATION COMPANY, a Delaware Corporation, Appellant, v. State DEPARTMENT OF AGRICULTURE, Respondent.

Court of Appeals of Oregon, Department 1.

Decided October 4, 1971.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were McColloch, Dezendorf, Spears & Lubersky, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

This is an appeal by petitioner, Carnation Milk Company, from a decree of the Marion County Circuit Court which affirmed, without opinion, certain orders made as a result of Audit Findings of the Department of Agriculture. This appeal is taken under ORS 583.096 and the issue is whether the defendant Department of Agriculture has abused its discretion in interpreting its own regulation, OAR 603-66-030, and ORS 583.007(1) concerning the reclassification...

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