General Foods Corp. v. Henderson

OPINION

OMAN, Justice.

This is a suit for declaratory judgment pursuant to §§ 22-6-1 to 3, N.M. S.A. 1953. Plaintiff sought to have its product, “Thick & Frosty,” declared not to be a filled dairy product within the meaning of the New Mexico Filled Products Act, which appears as §§ 52-2-5 to 10, N.M.S. A. 1953 (Repl.Vol. 8, pt. 1, 1962 and Supp. 1971 thereto). In the alternative, plaintiff challenged the constitutionality of the New Mexico Filled Products Act and the constitutionality of the Act’s application. The case was tried to the court without a jury, and the trial court entered judgment…