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CLOVERDALE FOODS COMPANY v. STATE

No. 13074.

544 P.2d 803 (1975)

CLOVERDALE FOODS COMPANY, a North Dakota Corporation, Plaintiff and Appellant, v. The STATE of Montana, and the Department of Business Regulation, an administrative agency of the state of Montana, Defendants and rESPONDENTS.

Supreme Court of Montana.

Submitted September 30, 1975.

Attorney(s) appearing for the Case

Small, Cummins & Hatch, Gregory A. Jackson, argued, Helena, for plaintiff and appellant.

James H. McFarland, argued, James H. Wood, Helena, for defendants and respondents.

DALY, Justice.

This is an appeal by Cloverdale Foods Company from an adverse decision in a declaratory judgment action tried to the district court, Lewis and Clark County. In the fall 1974, Cloverdale Foods Company (hereinafter called Cloverdale), a North Dakota corporation licensed to do business in the state of Montana, began selling and offering for sale in this state milk in three quart containers. On November 14, 1974, the State of Montana, acting through the...

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