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BAKER'S SUPERMARKETS, INC. v. STATE

No. S-94-152.

540 N.W.2d 574 (1995)

248 Neb. 984

BAKER'S SUPERMARKETS, INC., Appellant, v. STATE of Nebraska, Department of Agriculture, et al., Appellees.

Supreme Court of Nebraska.

December 15, 1995.

Attorney(s) appearing for the Case

Thomas J. Culhane and Gary L. Hoffman, of Erickson & Sederstrom, P.C., Omaha, for appellant.

Christian F. Shubert and Mark Galvin, Special Assistant Attorneys General, for appellees.

WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

LANPHIER, Justice.

Baker's Supermarkets, Inc. (Baker's), filed a petition for declaratory and injunctive relief regarding the interpretation by the Nebraska Department of Agriculture (Department) of § 1.1.2 of the Uniform Regulation for the Method of Sale of Commodities, which was adopted in Nebraska pursuant to Neb.Rev. Stat. § 89-186(1)(b) (Cum.Supp.1992). The Department's interpretation of § 1.1.2, which provides in part that strawberries "shall...

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