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FLEMING FOODS OF MISSOURI, INC. v. RUNYAN

No. 62685.

634 S.W.2d 183 (1982)

FLEMING FOODS OF MISSOURI, INC., Respondent, v. John G. RUNYAN, Director, Missouri Department of Agriculture, and Missouri Department of Agriculture, Appellants.

Supreme Court of Missouri, En Banc.

June 8, 1982.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Gerald M. Sill, Asst. Atty. Gen., Wm. Clark Kelly, Jefferson City, for appellants.

Malcolm L. Robertson, Joplin, for respondent.

RENDLEN, Judge.

Respondent, Fleming Foods of Missouri, Inc. [Fleming] applied to the Director of the Missouri Department of Agriculture [Director] for license as a milk distributor, pursuant to the provisions of §§ 416.410 to 416.560, RSMo 1969. Following an evidentiary hearing the Director, on his findings of fact and conclusions of law, entered an order denying the application. Fleming sought judicial review as provided in § 536.100, RSMo 1969

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