Grocers Dairy Co. v. Department of Agriculture Director

In October, 1963, plaintiff brought this action for a declaratory judgment to have PA 1929, No 169, § 1, subd (q), as amended CLS 1961, § 288.1, subd (q) (Stat Ann 1961 Cum Supp § 12.601, subd [q]), which prohibited plaintiff from selling fluid milk in 1-gallon containers, declared unconstitutional. Plaintiff’s contention was that such prohibition (1) exceeded the purpose and title of the act, and (2) was an arbitrary, capricious and unreasonable prohibition contrary to the Constitutions of the State of Michigan and the United States.

Defendant answered the complaint and alleged that the…