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BUENA DAIRY ASSOCIATES v. STATE DEPT. OF AGRIC

549 P.2d 689 (1976)

BUENA DAIRY ASSOCIATES et al., Appellants, v. STATE Department of Agriculture of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided May 17, 1976.

Attorney(s) appearing for the Case

Dennis W. Skarstad, Portland, and Douglas Millard, Seattle, Washington, argued the cause for appellants. With them on the briefs were Willner, Bennett, Riggs & Skarstad, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

SCHWAB, Chief Judge.

This is an appeal from an order sustaining a demurrer to plaintiffs' amended complaint.1 Plaintiffs Buena Dairy Associates and Carlisle Dairy Associates (hereinafter Associates) are dairy producers and holders of marketing rights or quota pursuant to the Milk Audit and Stabilization Act, ORS ch. 583. Plaintiff Wages is a proposed transferee of Associates' quota. Defendant is responsible for enforcing and carrying out...

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