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WASHINGTON STATE APPLE AD. COM'N v. HOLSHOUSER

No. 75-0300-CIV-5.

408 F.Supp. 857 (1976)

The WASHINGTON STATE APPLE ADVERTISING COMMISSION, a Washington State Agency, Plaintiff, v. James E. HOLSHOUSER, Governor of the State of North Carolina, et al., Defendants.

United States District Court, E. D. North Carolina, Raleigh Division.

Decided March 1, 1976.

Attorney(s) appearing for the Case

Slade Gorton, Atty. Gen., State of Wash., Olympia, Wash., James Arneil, Sp. Asst. Atty. Gen., State of Washington (Davis, Arneil, Dorsey, Kight & Parlette, Wenatchee, Wash.), Robert C. Howison, Jr., Sp. Asst. Atty., State of Washington (Joyner & Howison, Raleigh, N. C.), for plaintiff.

Rufus L. Edmisten, Atty. Gen., North Carolina, Millard R. Rich, Jr., Deputy Atty. Gen., North Carolina Dept. of Justice, and Joseph E. Wall and John R. Jordan, Jr., Raleigh, N. C. (Jordan, Morris & Hoke, Raleigh, N. C.), for defendants.

Before CRAVEN, Circuit Judge, LARKINS, Chief District Judge, and DUPREE, District Judge.

MEMORANDUM DECISION

CRAVEN, Circuit Judge:

The Washington State Apple Advertising Commission challenges the constitutionality of N.C.Gen.Stat. § 106-189.1, which requires that "no grade other than the applicable U.S. grade" be shown on closed containers in which apples are "sold, offered for sale or shipped into" North Carolina.1 The Commission argues that this statute violates...

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