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GARDNER v. TOILET GOODS ASSN.

No. 438.

387 U.S. 167 (1967)

GARDNER, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, ET AL. v. TOILET GOODS ASSOCIATION, INC., ET AL.

Supreme Court of United States.

Decided May 22, 1967.

Attorney(s) appearing for the Case

Nathan Lewin argued the cause for petitioners. With him on the briefs were Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg, Jerome M. Feit and William W. Goodrich.

Edward J. Ross argued the cause and filed a brief for respondents.

MR. JUSTICE HARLAN delivered the opinion of the Court.

In Toilet Goods Assn. v. Gardner, ante, p. 158, we affirmed a judgment of the Court of Appeals for the Second Circuit holding that judicial review of a regulation concerning inspection of cosmetics factories was improper in a pre-enforcement suit for injunctive and declaratory judgment relief. The present case is brought here by the Government seeking review of the Court of Appeals' further holding...

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