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STATE EX. REL. ARIZ. ST. DOH v. VAN CLEVE

No. 1 CA-CIV 2211.

23 Ariz. App. 305 (1975)

532 P.2d 880

STATE of Arizona ex rel. ARIZONA STATE DEPARTMENT OF HEALTH, and Dr. Louis C. Kossuth, Commissioner, Appellant, v. Hayden VAN CLEVE, President, Van's A-1 Auction, an Arizona Corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied April 18, 1975.

Review Denied May 28, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by Patrick M. Murphy, Asst. Atty. Gen., Phoenix, for appellant.

Tupper, Rapp, Schlosser & O'Connor by Edward Crehan Rapp, Phoenix, for appellee.

OPINION

EUBANK, Judge.

This appeal questions whether A.R.S. § 36-796.07(1) exempts bedding manufactured, repaired or renovated prior to July 11, 1969, from the pre-sale sterilization requirements of A.R.S. § 36-796.04.

On February 7, 1972, the Commissioner of the Arizona Department of Health issued a Cease and Desist Order directing appellee to discontinue operations of the A-1 Auction which violated A.R.S. § 36-796.04. The statute provides...

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