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

548 P.2d 1338 (1976)

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

Court of Appeals of Oregon, In Banc.

Resubmitted on Record and Briefs April 21, 1976.

Decided April 26, 1976.

Attorney(s) appearing for the Case

Thomas B. Brand, Salem, argued the cause for petitioners. With him on the brief were Brand, Lee, Ferris & Embick, Salem.

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

Resubmitted In Banc on Record and Briefs April 21, 1976.

LANGTRY, Judge.

Petitioners appeal from the final order of the Department of Agriculture refusing to register their product with the brand name "Planters II Trace Mineral Fertilizer" pursuant to ORS 633.361. Such a registration, under that statute, is necessary in order to place such product in Oregon trade. The Department had accepted the same product under the same or an essentially similar name for...

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