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OREGON GAME FOWL BREEDERS ASSOCIATION v. SMITH

516 P.2d 499 (1973)

OREGON GAME FOWL BREEDERS ASSOCIATION, an Oregon Corporation, Respondent-Cross-Appellant, James Duncan et al., Respondents, v. Justin M. SMITH, District Attorney for Jackson County Oregon; and Lee Johnson, Attorney General for the State of Oregon, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided December 3, 1973.

Rehearing Denied January 3, 1974.

Review Denied February 20, 1974.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellants-cross-respondents. With him on the briefs were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Donald F. Bach, Eugene, argued the cause for respondent-cross-appellant Oregon Game Fowl Breeders Association. With him on the brief was Charles O. Porter, Eugene.

No appearance by respondents James Duncan, Earlene Duncan, Garland Stone and Myrna Stone.

Before SCHWAB, C.J., and LANGTRY and TANZER, JJ.

LANGTRY, Judge.

This is a declaratory judgment proceeding. Plaintiffs alleged they are involved in the business of breeding, raising and selling game fowl. Defendants are the District Attorney of Jackson County and the Attorney General of the State of Oregon.

In their first amended complaint plaintiffs asked:

"1. That declaratory judgment be rendered and entered declaring: "(a) That Chapter 596 of Oregon Laws 1971 and Section 226 of Chapter...

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