# Clark v. Dwyer

> Washington Supreme Court · June 30, 1960 · 56 Wash. 2d 425

URL: https://www.frixlaw.com/law-library/cases/9546054

## Case

- **Full name:** Cecil C. Clark Et Al., Respondents, v. Joe Dwyer, as Director of the State Department of Agriculture, Appellant
- **Court:** Washington Supreme Court
- **Decided:** June 30, 1960
- **Citations:** 56 Wash. 2d 425; 353 P.2d 941; 1960 Wash. LEXIS 367
- **Precedential status:** Published
- **Opinion:** Concurrence by Finley
- **Judges:** Rosellini, Foster, Hill, Weaver, Mallery, Donworth, Finley, Ott, Hunter
- **Cited by:** 81 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9546054

## How later opinions describe it (automated extraction)

- holding that change in Washington's apple-grading law survived rational-basis review, even though the change "operate[d] to reduce the market value of" certain red and partial-red variety apples

## Opinion text

Finley, J.
(concurring) — I have signed the majority opinion, concurring in the views expressed and the result reached therein with the following observation:
I agree with the holding of this court in Inman v. Sandvig (1932), 170 Wash. 112 , 15 P. (2d) 696 , if, as I believe is proper, that decision is limited to a holding that, solely as a labeling device, the relegation of certain grades of apples to inconvenient and uneconomical types of containers is constitutionally unjustifiable. However, to the extent that the Inman case has any broader implications, conflicting with the views expressed icy the majority in the instant case, I believe the Inman case should be overruled.
Foster, J.
(concurring in the result) — While I concur in the court’s disposition of this appeal, in my view Inman v. Sandvig, 170 Wash. 112 , 15 P. (2d) 696 , was wrongly decided, cannot be distinguished and should be expressly overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9546054. Public record. Not legal advice.