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GALLO CATTLE COMPANY v. KAWAMURA

No. C053067.

72 Cal.Rptr.3d 1 (2008)

159 Cal.App.4th 948

GALLO CATTLE COMPANY, Plaintiff and Appellant, v. A.G. KAWAMURA, as Secretary, etc., Defendant and Respondent.

Court of Appeal of California, Third District.

February 1, 2008.

Attorney(s) appearing for the Case

McCormick, Barstow, Sheppard, Wayte & Carruth, Marshall C. Whitney, Fresno; and Brian C. Leighton, Clovis, for Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, Janet Gaard, Acting Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Ellen M. Peter and Daniel M. Fuchs, Deputy Attorneys General; Linda Berg Gandara; and William A. Wineberg, San Francisco, for Defendant and Respondent.

BUTZ, J.

This case concerns the constitutionality, under the California Constitution's right to freedom of speech,1 of use of milk producer assessments, authorized by statute, for generic advertising to stimulate sales of milk. The validity of such commodity advertising, under the federal Constitution, recently came before the United States Supreme Court in Johanns v. Livestock Marketing Ass'n. (2005) 544 U.S. 550...

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