City Smoked Fish Co. v. Department of Agriculture

Plaintiff appeals from Wayne County Circuit Judge John D. O’Hair’s grant of defendants’ motion for summary judgment. We find the opinion of the trial judge to be without fault and herewith adopt it as our own:

"Plaintiff a Michigan corporation, is engaged in the business of processing and selling smoked fish, or more specifically, smoked chubs. It professes to be one of the largest processors in the midwest with annual sales of $2,000,000. Approximately 50% of plaintiffs product is prepared for distribution in interstate commerce.

"In 1965, the state Department of Agriculture adopted Regulation…