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STATE v. GAIL

No. 3083

373 P.2d 955 (1962)

STATE of Wyoming ex rel. W.T. KIRK, State Commissioner of Agriculture, Appellant (Plaintiff below), v. Coy GAIL, Appellee (Defendant below).

Supreme Court of Wyoming.

August 13, 1962.

Attorney(s) appearing for the Case

Norman B. Gray, Atty. Gen., W.M. Haight, Deputy Atty. Gen., Cheyenne, for appellant.

J.D. Fitzstephens of Goppert & Fitzstephens, Cody, for appellee.

Before BLUME, C.J., and PARKER, HARNSBERGER and McINTYRE, JJ.

Mr. Justice McINTYRE delivered the opinion of the court.

This case concerns an attempt by the Wyoming Commissioner of Agriculture to prevent by injunction the continued sale of milk by the defendant, Coy Gail, allegedly in violation of § 35-290, W.S. 1957. That section requires any person who shall operate any dairy or other establishment for the handling or distributing of dairy products to secure a license from the state department of agriculture. A proviso...

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