DEAN FOODS CO. v. WISCONSIN DEPT. OF AGR.

No. 77-C-251.

504 F.Supp. 520 (1980)

DEAN FOODS COMPANY, a Delaware Corporation, Plaintiff, v. WISCONSIN DEPARTMENT OF AGRICULTURE, and Gary Rohde, its Secretary, Defendants.

United States District Court, W. D. Wisconsin.

December 22, 1980.


Attorney(s) appearing for the Case

Robert J. Kay of Geisler & Kay, S. C., Madison, Wis., for plaintiff.

Bronson C. La Follette, Atty. Gen., State of Wisconsin by Richard J. Boyd, Asst. Atty. Gen., Madison, Wis., for defendants.


OPINION AND ORDER

JAMES E. DOYLE, District Judge.

When plaintiff's motion for a preliminary injunction was briefed and argued, plaintiff contended that Wis.Stats. § 97.48(1)1 was inapplicable to Choco-Riffic. Plaintiff asserted that § 97.48(1) "is simply a labeling statute designed to prevent consumer confusion and deception...." Memorandum in support of motion for temporary restraining order, filed February 14, 1978...

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