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PACIFIC MEAT CO., LTD. v. OTAGAKI

No. 4331.

47 Haw. 652 (1964)

394 P.2d 618

PACIFIC MEAT COMPANY, LIMITED, A HAWAII CORPORATION, ON ITS OWN BEHALF AND ON THE BEHALF OF ALL OTHERS SIMILARLY SITUATED, AND C.Q. YEE HOP & CO., LTD., A HAWAII CORPORATION, ON ITS OWN BEHALF AND ON THE BEHALF OF ALL OTHERS SIMILARLY SITUATED v. DR. KENNETH K. OTAGAKI, AS CHAIRMAN AND DIRECTOR OF THE DEPARTMENT OF AGRICULTURE, AND KOSHI TOMONO, ALEXANDER J. NAPIER, STANLEY I. UNTEN, JOHN TEVES, BEN T. MIYAHIRA, RICHARD HENDERSON, DAN CORREIA, AND JAMES P. FERRY, EX-OFFICIO MEMBER, AS MEMBERS OF THE BOARD OF AGRICULTURE OF THE STATE OF HAWAII.

Supreme Court of Hawaii.

July 27, 1964.

Attorney(s) appearing for the Case

Bert T. Kobayashi, Attorney General and Alana W. Lau, Deputy Attorney General for defendants-appellants.

Robert G. Dodge (Heen, Kai & Dodge) for plaintiffs-appellees.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

OPINION OF THE COURT BY MIZUHA. J.

Act 109, S.L.H. 1961, provides that, for the purpose of notifying the consumer as to its geographic origin, no person shall sell or offer to sell uncooked poultry without a label as to its origin.1

Plaintiff-appellee, Pacific Meat Co., Ltd., is a wholesaler of food products. Plaintiff-appellee, C.Q. Yee Hop & Co., Ltd., is a retailer of food products. Plaintiffs initially filed a bill in equity...

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