DUKESHERER FARMS, INC. v. DEPT OF AG.

Docket No. 59321, (Calendar No. 14).

405 Mich. 1 (1979)

273 N.W.2d 877

DUKESHERER FARMS, INC v. DIRECTOR OF THE DEPARTMENT OF AGRICULTURE

Supreme Court of Michigan.

Decided January 9, 1979.


Attorney(s) appearing for the Case

Warner, Norcross & Judd (by Ernest M. Sharpe) for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harry G. Iwasko, Jr., and Henry J. Boynton, Assistants Attorney General, for the defendants Director of the Department of Agriculture and Michigan Cherry Promotion and Development Committee.

Foster, Swift, Collins & Coey, P.C. (by James A. White and Peter F. McNenly), for intervening defendant Michigan Association of Cherry Producers.


AFTER REMAND

WILLIAMS, J.

Plaintiff-appellant, Dukesherer Farms, Inc., filed a class action on behalf of all cherry producers in the state of Michigan seeking a permanent injunction against further implementation of the Michigan Cherry Promotion and Development Program instituted pursuant to the Agricultural Commodities Marketing Act, MCL 290.651 et seq.; MSA 12.94(21) et seq. The complaint further sought a declaration that the Michigan Cherry...

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