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OLD ORCHARD BRANDS, INC. v. AG. DEP'T

Docket No. 84733.

152 Mich. App. 274 (1986)

393 N.W.2d 608

OLD ORCHARD BRANDS, INC. v. DEPARTMENT OF AGRICULTURE

Michigan Court of Appeals.

Decided June 2, 1986.

Attorney(s) appearing for the Case

H. James Starr, for plaintiffs.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Charles D. Hackney and David W. Silver, Assistant Attorneys General, for defendant.

Amici Curiae:

Foster, Swift, Collins & Coey, P.C. (by James A. White and Michael J. Schmedlen), for Michigan Farm Bureau and Michigan Milk Producers Association.

Roccy M. De Francesco (by John M. Cannon, Susan W. Wanat and Ann Plunkett Sheldon, of counsel), for Mid-Michigan Legal Foundation.

Before: SHEPHERD, P.J., and M.J. KELLY and R.L. TAHVONEN, JJ.

SHEPHERD, P.J.

Defendant Michigan Department of Agriculture appeals as of right from an order of declaratory judgment entered on February 25, 1985, by the Ingham Circuit Court. The circuit court held that the federal Agricultural Fair Practices Act, 7 USC 2301 et seq., (hereafter the AFPA) preempts Michigan's Agricultural Commodities Marketing Act, MCL 290.651 et seq.; MSA 12.94(21) et seq. We reverse and hold that the federal act does not preempt...

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