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U.S. SOIL, INC. v. OREGON STATE DEPT. OF AGRIC.

554 P.2d 1008 (1976)

276 Or. 377

U.S. SOIL, INC., a Corporation, et al., Respondents, v. OREGON STATE DEPARTMENT OF AGRICULTURE AND LEONARD KUNZMAN, Director of Agriculture, Petitioners.

Supreme Court of Oregon, In Banc.

Decided September 30, 1976.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for petitioners. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Thomas B. Brand, Brand, Lee, Ferris & Embick, Salem, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., O'CONNELL, HOLMAN, TONGUE, HOWELL and BRYSON, JJ., and LENT, J. Pro Tem.

LENT, Justice Pro Tempore.

Respondents market a certain product in several states and applied for registration of their brand in Oregon. The Oregon State Department of Agriculture (hereinafter "Department") denied registration by letter dated March 21, 1975. Pursuant to respondents' request, a hearing was held at which evidence was received, and the hearing officer entered his findings, conclusions and order, which were approved by the Department's director, affirming...

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