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GILLETTE DAIRY, INC. v. NEBRASKA DAIRY PRODUCTS BD.

No. 39275.

219 N.W.2d 214 (1974)

192 Neb. 89

GILLETTE DAIRY, INC., a Nebraska corporation, Appellant, v. The NEBRASKA DAIRY PRODUCTS BOARD et al., Appellees, Carl Sorenson, d/b/a Kimball Creamery, et al., Intervenors-Appellees.

Supreme Court of Nebraska.

June 13, 1974.

Attorney(s) appearing for the Case

Hutton & Garden, P. C., Norfolk, for appellant.

Tews & Noren, Herman Ginsburg, Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellees.

Heard before SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON, and BRODKEY, JJ., and RONIN, District Judge.

SPENCER, Justice.

This action seeks to have sections 81-263.37 to 81-263.49 and 81-263.81 to 81-263.86, R.R.S.1943, declared unconstitutional and to permanently enjoin the Nebraska Dairy Products Board from in anywise enforcing said statute. The trial court found the questioned acts constitutional and refused the injunction. Plaintiff, a Nebraska corporation, appealed. We reverse.

We capsulize the plaintiff's contentions that the act is unconstitutional as...

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