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RED OWL STORES, INC. v. COM'R OF AGRICULTURE

No. 51638.

310 N.W.2d 99 (1981)

RED OWL STORES, INC., petitioner, Respondent, v. COMMISSIONER OF AGRICULTURE, Appellant.

Supreme Court of Minnesota.

September 18, 1981.

Attorney(s) appearing for the Case

Phillip Gainsley, Sp. Atty., and Jane A. McTaggart, Minneapolis, for appellant.

Gray, Plant, Mooty, Mooty & Bennett, Curtis D. Forslund, Thomas Darling and John L. Krenn, Minneapolis, for petitioner, respondent.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

Respondent Commissioner of Agriculture (hereinafter commissioner) appeals from the decision of the district court vacating the commissioner's order which determined that petitioner Red Owl Stores, Inc. (hereinafter Red Owl) had violated the sales-below-cost prohibitions of the Dairy Unfair Trade Practices Act. We reverse.

Red Owl is a retailer of "selected dairy products" as that term is defined in the Minnesota Dairy Industry Unfair Trade...

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