Odle v. Imperial Ice Cream Company

HOWARD, Judge.

This is a declaratory judgment action wherein Imperial Ice Cream Company, hereinafter referred to as the plaintiff, and A. J. Bayless Markets, Inc., hereinafter referred to as intervenor, seek to have A.R. S. § 3-626.01 (Added Laws 1960) declared unconstitutional and void as it applies to the products designated as “imitation ice milk” and “imitation ice cream” which are manufactured by the plaintiff and shipped in interstate commerce for retail sale in Arizona.

The matter was tried before the court without a jury and after judgment in favor of the plaintiff was rendered, the…