Coffee-Rich, Inc. v. McDowell
| Decision Date | 29 September 1964 |
| Docket Number | COFFEE-RIC,INC |
| Parties | , Respondent, v. Donald N. McDOWELL, individually and as Director, Wis. Dept of Agriculture, Appellant. |
| Court | Wisconsin Supreme Court |
George Thompson, Atty. Gen., James McDermott, Asst. Atty. Gen., Frederick J. Griffith and Gerhardt A. Schueler, Attys., Wis. Dept. of Agriculture, Madison, for appellant.
T. L. Tolan, Jr., Samuel J. Recht, Brady, Tyrrell & Bruce, Milwaukee, Ellis Arnall, Elliott H. Levitas, Arnall, Golden & Gregory, Atlanta, Ga., of counsel, for respondent.
Mr. Justice HEFFERNAN having taken no part in the decision upon this appeal, and the other members of the court being equally divided on the question whether the judgment should be affirmed or reversed, Mr. Chief Justice CURRIE, Mr. Justice FAIRCHILD and Mr. Justice HALLOWS being of the opinion that the judgment should be modified or reversed, and Mr. Justice GORDON, Mr. Justice WILKIE and Mr. Justice BEILFUSS being of the opinion that the judgment should be affirmed, the judgment appealed from is affirmed under the rule.
Judgment affirmed.
HEFFERNAN, J., not participating.
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Smith v. Kleynerman
...N.W.2d 493 (1962) (on appeal).47. State v. Roggensack , 20 Wis.2d 468, 122 N.W.2d 408 (1963) (on appeal).48. Coffee-Rich, Inc. v. McDowell , 25 Wis.2d 99, 130 N.W.2d 203 (1964) (on appeal).49. Graebner v. Wis. Indus. Comm'n , 27 Wis.2d 142, 133 N.W.2d 810 (1965) (on appeal).50. Foregger v. ......
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Coffee-Rich, Inc. v. Wisconsin Dept. of Agriculture, COFFEE-RIC
... ... [70 Wis.2d 274] Here it should be noted that the legislature has not chosen the drastic means of totally prohibiting the sale of Coffee-Rich. In Coffee-Rich, Inc. v. McDowell, 10 this court affirmed, by an equally divided vote, a lower court decision declaring unconstitutional a prior attempt to ban totally the sale of nondairy whiteners like Coffee-Rich. Similarly, in Dairy Queen of Wisconsin, Inc. v. McDowell, 11 this court rejected an attempt to forbid totally the ... ...