In Re Ferrigno

THE COURT.

Petitioner for some time previous to February 6, 1937, was engaged in the business of manufacturing macaroni, and was duly licensed as such by the director of agriculture of the state of California under the provisions of the California Marketing Agreement Act of 1935. On the above date the California Macaroni Industry Board of Northern California—which board was appointed under the act by the director, brought an action in the Superior Court of the City and County of San Francisco against petitioner, alleging that he had in violation of the act offered to sell and sold certain of his products for prices less than those set out in his price-list filed with the director pursuant to the act. The complaint prayed an injunction, restraining such violation, and for general relief.

Petitioner appeared, and by stipulation consented that a final judgment be entered against him as prayed. It was further stipulated, however, that the judgment should not provide for costs or pecuniary damages, such being waived by plaintiff; that plaintiff should also waive any rights of action which it might have arising out of alleged violations of the marketing agreement and accruing prior to the date of the entry of the final judgment and the injunction therein to be provided for, and particularly not to commence any action or proceeding in its name or otherwise under any of the provisions of the marketing agreement which might be predicated upon such alleged violations. The decree, entered pursuant to the stipulation, provided that the petitioner be permanently enjoined and restrained from selling, offering for sale, marketing or otherwise distributing any macaroni or macaroni products in the state of California, in violation of the provisions of the license for the macaroni industry of California issued by the director of agriculture on the 23d day of April, 1936. Subsequently an order issued, directing petitioner to show cause why he should not be punished for contempt for a violation of the judgment and injunction in that he “did so sell, offer for sale, market and otherwise distribute macaroni and macaroni products in the state of California in violation of the provisions of said license, without fulfilling the terms and requirements of said license, in that

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he failed to pay the assessment issued under and pursuant to the terms of said license, in the sum of $130”.