Paul

The defendant, Charles Paul, as Director of the Department of Agriculture of the State of California, and Stanley Mosk, as Attorney General, applied to this court for a writ of supersedeas to stay a preliminary prohibitory injunction, which restrains the defendants from enforcing the Marketing Order for Processors of Fermenting Material for Alcoholic Beverages of June 22, 1964, of the Director of Agriculture and the regulations pursuant thereto. This court issued a temporary stay of proceedings and made an order that plaintiffs, Sun-Maid Raisin Growers of California, California Packing Corporation, Bonner Packing Company and West Coast Growers and Packers, Inc., show cause why a writ of supersedeas should not issue. The parties appeared and made complete arguments relative to the application as did, also, counsel for the Wine Institute and E. & J. Gallo Winery, as Amici Curiae.

The plaintiffs, a cooperative organization and several private packing corporations, deal in raisins. On the very day that the state marketing order attacked by the suit was by its terms to go into effect, the plaintiffs filed this action to restrain its enforcement on the principal ground that the field…