Blatz Brewing Co. v. Collins

Appeal from a judgment on the pleadings in favor of plaintiffs.

This action was brought for an injunction and declaratory relief to obtain an adjudication that rule 55 of the State Board of Equalization, pertaining to out-of-state manufacturers of beer who ship' their product into the state, is void. (This rule is now known as No. 128, California Administrative Code, ch. 1, tit. 4, and will be generally referred to herein as rule 128.)

In 1944, the trial court sustained without leave to amend the demurrer of defendants to the complaint. From the judgment thereon, plaintiffs appealed to this…