Paul

These are two appeals arising out of diferent stages of the same superior court action. In the main appeal (S.F. No. 21394) the Director of the Department of Agriculture of the State of California (hereinafter called the director) seeks to overturn an adverse judgment rendered in an action (1) to enjoin Creamcrest Dairy Products Company from selling milk at a price below that specified by the director in a regulation (Santa Clara Order No. 17) promulgated *131 pursuant to the Milk Stablization Act (Agr. Code, div. 6, ch. 17) and (2) to recover civil penalties from Creamerest for previous violations of that regulation. In a collateral matter (S.F. No. 21816) the director appeals from a post-judgment order of the superior court substituting Milk Depots, Inc. as defendant in place of Creamerest. 1

As will hereinafter be shown, events occurring during the pendency of these appeals have rendered the action moot and accordingly we need not reach the merits of either matter.

Santa Order No. 17, effective May 27,1961, established a schedule of various minimum prices for the sale of fluid milk in the Santa Clara County marketing area. Insofar as relevant here, that order fixed minimum…