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COMMITTEE FOR ACCURATE L. & MARKETING v. BROWNBACK

No. 86-4296-R.

665 F.Supp. 880 (1987)

COMMITTEE FOR ACCURATE LABELING AND MARKETING, an Illinois not-for-profit corporation, Plaintiff, v. Sam BROWNBACK, Secretary of the Kansas State Board of Agriculture; Archie Hurst, Dairy Commissioner of the State of Kansas; and the Kansas State Board of Agriculture, Defendants.

United States District Court, D. Kansas.

July 8, 1987.

Attorney(s) appearing for the Case

Donald Patterson, Michael K. Seck, Fisher, Patterson, Sayler & Smith, Topeka, Kan., George M. Burditt, Alan I. Becker, Burditt, Bowles & Radzius, Ltd., Chicago, Ill., Richard L. Frank, Olsson & Frank, P.C., Washington, D.C., for plaintiff.

Kenneth M. Wilke, Sp. Asst. Atty. Gen., Kansas State Bd. of Agr., Topeka, Kan., for defendants.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is an action brought by the Committee for Accurate Labeling and Marketing (CALM), a trade association of food manufacturers, suppliers and customers, challenging the constitutionality of the Kansas Artificial Dairy Products Act, K.S.A. 65-761 et seq. CALM seeks both declaratory and injunctive relief. They contend that the Kansas law violates the Supremacy Clause, the Commerce Clause and the Fourteenth...

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