AMERICAN MEAT INST. v. U. S. DEPT. OF AGR.

No. 80-1639.

646 F.2d 125 (1981)

AMERICAN MEAT INSTITUTE, National Pork Producers Council, Bluebird, Incorporated, Dinner Bell Foods, Incorporated, George A. Hormel and Company, The Rath Packing Company, The Smithfield Packing Company, Incorporated, and Wilson Foods Corporation, Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant, and National Turkey Federation, Marval Poultry Company, Incorporated, and Shenandoah Food Processors Corporation, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1981.


Attorney(s) appearing for the Case

Philip C. Olsson, Washington, D. C. (Richard L. Frank, Richard H. Ekfelt, Olsson & Frank, P. C., Washington, D. C., John M. Hollis, Bruce A. Kayuha, Willcox, Savage, Lawrence, Dickson & Spindle, P. C., Norfolk, Va., on brief), for appellants.

J. Stanley Stroud, Chicago, Ill. (Richard L. Jacobson, James R. Henderson, Mayer, Brown & Platt, Chicago, Ill., on brief), for appellees.

Before MURNAGHAN and ERVIN, Circuit Judges, and MERHIGE, District Judge.


PER CURIAM:

The National Turkey Federation and others appeal the district court's order enjoining the Secretary of the Department of Agriculture (the Secretary) from enforcing one of its product label regulations, D.C., 496 F.Supp. 64. We vacate that order.

I.

In 1975, the Secretary approved labels indentifying a turkey product as "Turkey Ham," which was made with cured turkey thigh meat and which resembled pork...

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