COFFEE-RICH, INC. v. DEPARTMENT OF AGRICULTURE

No. 72 (1974).

70 Wis.2d 265 (1975)

234 N. W. 2d 270

COFFEE-RICH, INC., and another, Respondents, v. DEPARTMENT OF AGRICULTURE and another, Appellants.

Supreme Court of Wisconsin.

Decided October 28, 1975.


Attorney(s) appearing for the Case

For the appellants the cause was argued by Theodore L. Priebe, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general, and Linda M. Clifford, assistant attorney general, of counsel.

For the respondents there was a brief by Robert J. Kay and Geisler & Kay, attorneys, all of Madison, and Ellis G. Arnall, Elliott M. Levitas, John C. Gray and Arnall, Golden & Gregory of counsel, all of Atlanta, Georgia, and oral argument by Robert J. Kay and Ellis G. Arnall.


WILKIE, C. J.

This appeal involves the constitutionality of sec. 97.48 (4), Stats., enacted as part of the Laws of 1971, ch. 212, which law prohibits the "sale or serving of any product for use as a coffee cream or whitener in any restaurant or public eating establishment, other than cream, half and half or lighter varieties of cream" and further provides:

". . . This subsection shall not apply to coffee whitener sold or dispensed by a vending machine provided...

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