Wickham v. Trapani

This action .by plaintiff is for a declaratory judgment, declaring constitutional article 25 of the Agriculture and Markets Law, and other incidental relief.

In the amended answer, defendant seeks a declaration that said article 25 is unconstitutional. However, in his opening statement, counsel for defendant stated that this was a mistake and that he seeks only a declaration that section 294 (subd. [2], par. [d]) of said article be declared unconstitutional.

Defendant seeks also a declaration that the Apple Marketing Order, promulgated by plaintiff, pursuant to article 25, is unconstitutional,…