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ATLANTIC OCEAN PRODUCTS, INC. v. LETH

Civ. No. 67-534.

292 F.Supp. 615 (1968)

ATLANTIC OCEAN PRODUCTS, INC., a Massachusetts corporation, Tupman Thurlow, Inc., a New York corporation, and Artic Fishery Products, Ltd., Bonavista Cold Storage Co., Ltd., Earle Brothers Fisheries, Ltd., Fishery Products, Ltd., Job Bros. and Co., Ltd., H. B. Clyde Lake, Ltd., North Eastern Fish Industries, Ltd., Newfoundland Quick Freeze, Ltd., P. Janes and Sons, Ltd., Canadian corporations, Plaintiffs, v. Walter D. LETH, Director, Department of Agriculture, State of Oregon, and Robert Y. Thornton, Attorney General, State of Oregon, Defendants.

United States District Court D. Oregon.

March 27, 1968.

Attorney(s) appearing for the Case

Mautz, Souther, Spaulding, Kinsey & Williamson and Rockne Gill, Portland, Or., for plaintiffs.

Robert Y. Thornton, Atty. Gen. of Oregon, and Harold E. Burke, Asst. Atty. Gen., Salem, Or., for defendants.

Before CARTER, Circuit Judge, and SOLOMON and KILKENNY, District Judges.

OPINION

SOLOMON, District Judge:

Plaintiffs are Canadian processors and exporters as well as American importers and distributors of Reinhardtius hippoglossoides, a flatfish which they label and sell as "Greenland Halibut." They seek to enjoin the defendants from enforcing ORS 616.2171 which prohibits the use of the word "Halibut", with or without additional descriptive words, in the labeling or sale of any fish other than Hippoglossus...

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