Beatrice Foods Company v. City of Okmulgee

JACKSON, Justice.

In 1954, the city of Okmulgee adopted a comprehensive milk control ordinance. The large majority of its technical provisions were substantially the same as, or identical with, the provisions of 63 O.S. 1961 §§ 295.1 through 295.11. However, there were some provisions, to be hereinafter noted, which were different.

In May, 1960, plaintiff, Beatrice Foods Company, a milk processor with a plant in Tulsa, formally made application to the city of Okmulgee for a license to sell milk and milk products. In the application, it furnished all information required by the ordinance except…