MEDO-BEL CREAMERY v. STATE OF OREGON

No. 119,219, 120,187, 121,554, 121,555, 121,614, 121,615, 121,629, 121,630, 121,631, 121,632, 121,655; CA A24687 (control), A24688, A24689, A24690, A24691, A24692, A24693, A24694, A24695, A24696, A24697.

673 P.2d 537 (1983)

65 Or.App. 614

MEDO-BEL CREAMERY, Inc., a California Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, James M. Brown, Attorney General, State of Oregon, Respondents. Sunshine Dairy, Inc., an Oregon Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon; and James M. Brown, Attorney General, State of Oregon, Respondents. Standard Dairy, Inc., a Washington Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, Respondents. Eberhard Creamery, Inc., an Oregon Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, Respondents. Kilgore's Dairy Co., an Oregon Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, Respondents. Klamath Falls Creamery, Inc., an Oregon Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, Respondents. Richard J. Fish; Richard J. Fish As Personal Representative of the Estate of Esther E. Fish, Deceased; Richard F. Fish; Michael R. Fish; Ronald E. Fish; Richard F. Fish As Trustee for David S. Fish; Michael R. Fish, As Trustee for Mollie G. Fish, Dba Echo Spring Dairy, a Co-Partnership, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, Respondents. Fred Meyer, Inc., an Oregon Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, Respondents. Carnation Company, a Delaware Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, Respondents. Alpenrose Dairy, Inc., an Oregon Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, Respondents. Carnation Company, a Delaware Corporation, Appellant, v. STATE OF OREGON, by and through Leonard E. Kunzman, Director of Department of Agriculture; and Leonard E. Kunzman, Director of the Department of Agriculture, State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided November 23, 1983.


Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellants. With him on the briefs were Spears, Lubersky, Campbell & Bledsoe, Edwin A. Harnden, Benson, Arenz, Lucas, Davis & Hay, and Hugh E. Gallagher, Portland.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondents. With her on the briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

This appeal involves 11 separate actions brought by various milk handlers challenging the State of Oregon's practice, through its Department of Agriculture (state), of fixing a minimum price that must be charged by milk producers higher than the minimum price set by the United States Department of Agriculture (USDA). The circuit court dismissed all 11 actions on the grounds of res judicata and failure to allege a justiciable controversy...

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