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LITTERER v. JUDGE

No. 00-1659.

644 N.W.2d 357 (2002)

Ron LITTERER and Ed Wiederstein, Appellants, v. Patty JUDGE, Secretary of Agriculture, Appellee.

Supreme Court of Iowa.

May 8, 2002.

Attorney(s) appearing for the Case

Mark McCormick of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, for appellants.

Thomas J. Miller, Attorney General, and Julie F. Pottorff, Deputy Attorney General, for appellee.

CADY, Justice.

The petitioners in this action requested the Iowa Secretary of Agriculture to adopt an administrative rule to require all gasoline sold in Iowa to contain ten percent ethanol. The Secretary denied the request after determining she had no legal authority to adopt the rule. The district court affirmed the Secretary's decision on judicial review. On appeal, we conclude the rulemaking authority of the secretary...

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