Linnenkamp v. Linn

Action for a declaratory judgment relative to certain sections of chapters 189, 190 and 191, Code of 1946, and an order issued by the State Department of Agriculture.

Plaintiff, an operator of a “Dairy Queen” establishment, brings this action on behalf of all of such operators in the state. They make and sell under the trade name of “Dairy Queen” a semi-frozen ice milk product. It is processed in a machine on the premises and dispensed in a semi-frozen condition from a spigot into containers in which it is sold to the consuming public. Three types of containers are used: waxed pasteboard…