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GENERAL FOODS CORPORATION v. HENDERSON

No. 9499.

505 P.2d 851 (1973)

84 N.M. 508

GENERAL FOODS CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. Carl HENDERSON, Chief of the Consumer Division of the Health and Social Services Department of the State of New Mexico, and the State of New Mexico, Defendants-Appellants.

Supreme Court of New Mexico.

January 19, 1973.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Thomas L. Dunigan, Asst. Atty. Gen., Theodore E. Jones, II, Agency Asst. Atty. Gen., Santa Fe, for defendants-appellants.

Standley, Witt & Quinn, Santa Fe, Arnall, Golden & Gregory, Ellis Arnall, Elliott H. Levitas, Atlanta, Ga., Murray D. Sayer, White Plains, N.Y., for plaintiff-appellee.

OPINION

OMAN, Justice.

This is a suit for declaratory judgment pursuant to §§ 22-6-1 to 3, N.M.S.A. 1953. Plaintiff sought to have its product, "Thick & Frosty," declared not to be a filled dairy product within the meaning of the New Mexico Filled Products Act, which appears as §§ 52-2-5 to 10, N.M.S.A. 1953 (Repl.Vol. 8, pt. 1, 1962 and Supp. 1971 thereto). In the alternative, plaintiff...

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