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UNITED STATES v. NOVA SCOTIA FOOD PRODUCTS CORP.

No. 758, Docket 76-6169.

568 F.2d 240 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. NOVA SCOTIA FOOD PRODUCTS CORP., David Sklar and Emanuel Sklar, Defendants-Appellants, and National Fisheries Institute, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 15, 1977.

Attorney(s) appearing for the Case

Joseph H. Einstein, New York City (Aranow, Brodsky, Bohlinger, Benetar & Einhorn, New York City, of counsel), for defendants-appellants.

David W. McMorrow, Asst. U. S. Atty., E.D.N.Y., Brooklyn, N. Y., (David G. Trager, U. S. Atty., Alvin A. Schall, Asst. U. S. Atty., E.D.N.Y., Brooklyn, N. Y., and Arnold I. Friede, Asst. Chief Counsel, U. S. Food & Drug Admin., Washington, D. C., of counsel), for plaintiff-appellee.

Richard S. Morey, Washington, D. C. (Kleinfeld, Kaplan & Becker, Washington, D. C., of counsel), for intervenor-appellant.

Before WATERMAN and GURFEIN, Circuit Judges, and BLUMENFELD, District Judge.

GURFEIN, Circuit Judge:

This appeal involving a regulation of the Food and Drug Administration is not here upon a direct review of agency action. It is an appeal from a judgment of the District Court for the Eastern District of New York (Hon. John J. Dooling, Judge) enjoining the appellants, after a hearing, from processing hot smoked whitefish except in accordance with time-temperature-salinity (T-T-S) regulations contained...

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