PEOPLE EX REL. COM'R OF AGRICULTURE v. WEBSTER

No. 77-169.

570 P.2d 560 (1977)

The PEOPLE of the State of Colorado ex rel. COMMISSIONER OF AGRICULTURE, Plaintiff-Appellee, v. Wayne WEBSTER, Individually and d/b/a Hotchkiss Fruit Company, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

October 6, 1977.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Denver, Jose D. L. Marquez, Regional Asst. Atty. Gen., Grand Junction, for plaintiff-appellee.

Graham & Dufford, Joseph C. Coleman, Grand Junction, for defendant-appellant.


PIERCE, Judge.

The People brought this action in district court to collect assessments levied against the defendant under the Colorado Agriculture Marketing Act of 1939, § 35-28-101, et seq., C.R.S.1973. Defendant appeals from an adverse summary judgment and we reverse.

In June of 1969, pursuant to C.R.S.1963, 7-3-6 (now § 35-28-106, C.R.S.1973), the Commissioner of Agriculture issued an Apple Marketing Order in an effort to promote and stabilize...

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