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MATTER OF RUSSET VALLEY PRODUCE, INC.

No. 20872.

904 P.2d 566 (1995)

127 Idaho 654

In the Matter of the Revocation of the Certification License of RUSSET VALLEY PRODUCE, INC. IDAHO POTATO COMMISSION, Plaintiff-Respondent-Appellant on Appeal-Cross Respondent, v. RUSSET VALLEY PRODUCE, INC., Defendant-Appellant-Respondent on Appeal-Cross Appellant.

Supreme Court of Idaho, Boise, December 1994 Term.

October 11, 1995.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for appellant. Robert E. Bakes argued.

Taylor & Groom, Twin Falls, for respondent. G. Kent Taylor argued.

SILAK, Justice.

I.

NATURE OF THE CASE

This case began as an administrative proceeding before the Idaho Potato Commission (Commission) to revoke the license of Russet Valley Produce, Inc. to use the "Grown in Idaho" trademark on potatoes. The Commission previously entered an administrative order that only "Russet Burbank" potatoes could be packaged with a "Grown in Idaho" label, and that all other potatoes had to have the variety indicated on the...

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