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TWIN CITY MILK PRODUCERS ASS'N v. McNUTT

No. 505, original.

123 F.2d 396 (1941)

TWIN CITY MILK PRODUCERS ASS'N et al. v. McNUTT, Federal Security Administrator (AMERICAN DRY MILK INSTITUTE, Inc., et al., Interveners).

Circuit Court of Appeals, Eighth Circuit.

November 10, 1941.

Attorney(s) appearing for the Case

Louis E. Hart, of Chicago, Ill., for petitioners and interveners.

William W. Barron, of Washington, D. C., Atty., Department of Justice, for respondent.

Before WOODROUGH, JOHNSEN, and VAN VALKENBURGH, Circuit Judges.

JOHNSEN, Circuit Judge.

In a previous opinion, 8 Cir., 122 F.2d 564, we withheld approval of a regulation of the Federal Security Administrator, fixing a definition and standard of identity for "dried skim milk, powdered skim milk, skim milk powder", as a human food, because the Administrator's order promulgating the regulation did not affirmatively show that it was his judgment that his action would "promote honesty and fair dealing...

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