Legal Opinion

Carnation Co. v. Department of Agriculture

Court of Appeals of Oregon

Decided October 4, 1971PublishedCited by 5 opinions

1Opinion of the CourtFoley, J.

This is an appeal by petitioner, Carnation Milk Company, from a decree of the Marion County Circuit Court which affirmed, without opinion, certain orders made as a result of Audit Findings of the Department of Agriculture. This appeal is taken under ORS 583.096 and the issue is whether the defendant Department of Agriculture has abused its discretion in interpreting its own regulation, OAR 603-66-030, and ORS 583.007 (1) concerning the reclassification of certain milk products.

The Department of Agriculture Audit Findings and Reaudit Findings of the Carnation Milk Company for the periods from…

2Cases cited5 opinions

  1. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  2. Zuber v. AllenSupreme Court of the United States · 1970
  3. Bay v. State Board of EducationOregon Supreme Court · 1963
  4. Bailey Farm Dairy Co. v. AndersonCourt of Appeals for the Eighth Circuit · 1946
  5. Wright v. BatesonCourt of Appeals of Oregon · 1971

3Cited by5 opinions

  1. State v. LLOYD A. FRY ROOFING COMPANYCourt of Appeals of Oregon · 1972
  2. Buena Dairy Associates v. Department of AgricultureCourt of Appeals of Oregon · 1979
  3. U. S. Soil, Inc. v. Oregon State Department of AgricultureOregon Supreme Court · 1976
  4. Allen v. AdultCourt of Appeals of Oregon · 1978
  5. Carnation Co. v. Department of AgricultureCourt of Appeals of Oregon · 1971

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