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STATE v. THICK & FROSTY

No. 42472.

82 Wn.2d 722 (1973)

514 P.2d 140

THE STATE OF WASHINGTON, Respondent, v. 28 Containers of THICK & FROSTY, Appellants.

The Supreme Court of Washington, En Banc.

August 30, 1973.

Attorney(s) appearing for the Case

Pebbles, Swanson & Lindskog, by Ralph G. Swanson, P. Cameron DeVore and Nancy P. Gibbs (of Davis, Wright, Todd, Riese & Jones) (Ellis Arnall and Elliott H. Levitas (of Arnall, Golden & Gregory) and Murry D. Sayer, of counsel), for appellant.

Slade Gorton, Attorney General, and Emanuel E. Rosatto, Senior Assistant, for respondent.

FINLEY, J.

This is an appeal by the Birds Eye Division of General Foods Corporation, manufacturer of a food product advertised as Thick & Frosty, from a trial court decision affirming an embargo order placed upon 28 containers of this product by the Washington State Department of Agriculture.

The containers were embargoed on June 1, 1970, in Bellingham, Washington, pursuant to the provisions of RCW 15.38.040 and RCW 69.04.110. In sustaining the embargo...

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