Hunt v. Washington State Apple Advertising Comm'n
432 U.S. 333 (1977)

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U.S. Supreme Court

Hunt v. Washington State Apple Advertising Comm'n, 432 U.S. 333 (1977)

Hunt v. Washington State Apple Advertising Commission

No. 76-63

Argued February 22, 1977

Decided June 20, 1977

432 U.S. 333


Appellee, a statutory agency for the promotion and protection of the Washington State apple industry and composed of 13 state growers and dealers chosen from electoral districts by their fellow growers and dealers, all of whom by mandatory assessments finance appellee's operations, brought this suit challenging the constitutionality of a North Carolina statute requiring that all apples sold or shipped into North Carolina in closed containers be identified by no grade on the containers other than the applicable federal grade or a designation that the apples are not graded. A three-judge District Court granted the requested injunctive and declaratory relief, holding that appellee had standing to challenge the statute, that the $10,000 jurisdictional amount of 28 U.S.C. § 1331 was satisfied, and that the challenged statute unconstitutionally discriminated against commerce insofar as it affected the interstate shipment of Washington apples.


1. Appellee has standing to bring this action in a representational capacity. Pp. 341-345.

(a) An association has standing to bring suit on behalf of its members when (1) its members would otherwise have standing to sue in their own right; (2) the interests it seeks to protect are germane to the organization's purpose; and (3) neither the claim asserted nor the relief requested requires the participation in the lawsuit of each of the individual members. Warth v. Seldin,422 U. S. 490. Pp. 432 U. S. 342-343.

(b) The prerequisites to associational standing described in Warth are clearly present here: (1) At the risk of otherwise losing North Carolina accounts, some Washington apple growers and dealers had (at a per-container cost of 5

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