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HM DISTRIBUTORS OF MILWAUKEE v. DEPT. OF AGRI.

No. 418.

55 Wis.2d 261 (1972)

198 N.W.2d 598

HM DISTRIBUTORS OF MILWAUKEE, INC., Appellant, v. DEPARTMENT OF AGRICULTURE, Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs by Westring & Martinson, Chartered, of Green Bay, and by Walther & Halling of Milwaukee, attorneys, and Richard W. Westring of Green Bay, and David L. Walther and Virginia W. Speery, both of Milwaukee of counsel, and oral argument by David L. Walther and Richard W. Westring.

For the respondent the cause was argued by Bruce A. Craig, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

By terms of an action for declaratory relief, the proper procedure,1 the plaintiff challenges a statute and rules of the state Department of Agriculture.

The statute.

The statute involved authorizes the state Department of Agriculture to issue orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair.

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