Gillette Dairy, Inc. v. Nebraska Dairy Products Board

This action seeks to have sections 81-263.37 to 81-263.49 and 81-263.81 to 81-263.86, R. R. S. 1943, declared unconstitutional and to permanently enjoin the Nebraska Dairy Products Board from in anywise enforcing said .statute. The trial court found the questioned acts constitutional and refused the injunction. Plaintiff, a Nebraska corporation, appealed. We reverse.

We capsulize the plaintiff’s contentions that the act is unconstitutional as follows: (1) The act grants the defendants authority which exceeds the constitutional police power provided for the state by the Constitution; (2) the…