PIKE v. BRUCE CHURCH, INC
397 U.S. 137, 90 S.Ct. 844, 25 L.Ed.2d 174
Supreme Court of the United States
Loren J. PIKE, etc., Appellant,
BRUCE CHURCH, INC.
Argued Jan. 13, 1970.
Decided March 2, 1970.
Action by grower of high quality cantaloupes against official charged with enforcing the Arizona Fruit and
Vegetable Standardization Act to enjoin order prohibiting grower from transporting uncrated cantaloupes from
its Arizona ranch to a nearby California city for packing and processing as unconstitutional. A three-judge
District Court for the District of Arizona issued a permanent injunction, and state official appealed. The Supreme
Court, Mr. Justice Stewart, held that the order, which would compel grower to build packing facilities in Arizona
that would cost approximately $200,000, constituted an unlawful burden upon interstate commerce.
Rex E. Lee, Phoenix, Ariz., for appellant.
Jacob Abramson, Salinas, Cal., for appellee.
Mr. Justice STEWART delivered the opinion of the Court.
The appellee is a company engaged in extensive commercial farming operations in Arizona and California. The
appellant is the official charged with enforcing the Arizona Fruit and Vegetable Standardization Act.
provision of the Act requires that, with certain exceptions, all cantaloupes grown in Arizona and offered for sale
must ‘be packed in regular compact arrangement in closed standard containers approved by the supervisor * *
Invoking his authority under that provision, the appellant issued an order prohibiting the appellee
company from transporting uncrated cantaloupes from its Parker, Arizona, ranch to nearby Blythe, California,
for packing and processing. The company then brought this action in a federal court to enjoin the order as
unconstitutional. A three-judge court was convened.
28 U.S.C. ss 2281
. After first granting temporary
relief, the court issued a permanent injunction upon the ground that the challenged order constituted an
unlawful burden upon interstate commerce. This appeal followed.
28 U.S.C. s 1253
396 U.S. 812, 90 S.Ct. 91,
24 L.Ed.2d 65
Ariz.Rev.Stat.Ann., Tit. 3, c. 3, Art. 4.
Ariz.Rev.Stat.Ann. s 3-503, subsec. C
The facts are not in dispute, having been stipulated by the parties. The appellee company has for
many years been engaged in the business of growing, harvesting, processing, and
packing fruits and
vegetables at numerous locations in Arizona and California for interstate shipment to markets throughout the
Nation. One of the company's newest operations is at Parker, Arizona, where, pursuant to a 1964 lease with the
Secretary of the Interior, the Colorado River Indian Agency, and the Colorado River Indian Tribes, it undertook
to develop approximately 6,400 acres of uncultivated, arid land for agricultural use. The company has spent
more than $3,000,000 in clearing, leveling, irrigating, and otherwise developing this land. The company began
growing cantaloupes on part of the land in 1966, and has harvested a large cantaloupe crop there in each