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TWIN CITY MILK PRODUCERS ASS'N v. McNUTT

No. 505, Original.

122 F.2d 564 (1941)

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

Circuit Court of Appeals, Eighth Circuit.

September 9, 1941.

Attorney(s) appearing for the Case

Louis E. Hart, of Chicago, Ill. (W. E. Rumble, of St. Paul, Minn., Addison M. Parker, of Des Moines, Iowa, and Charles W. Wilson, of Washington, D. C., on the brief), for petitioners and interveners.

William W. Barron, Atty., Department of Justice, of Washington, D. C. (Wendell Berge, Asst. Atty. Gen., Victor E. Anderson, U. S. Atty., of St. Paul, Minn., and Melva M. Graney, Atty., Marc C. Reno, Atty., Department of Justice, and William Goodrich, Attorney, Federal Security Administration, all of Washington, D. C., on the brief), for respondent.

Before WOODROUGH, JOHNSEN and VAN VALKENBURGH, Circuit Judges.

JOHNSEN, Circuit Judge.

This is a petition to review an order 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.1

The regulation was promulgated under section 401 of the Federal Food, Drug and Cosmetic Act, 52 Stat. 1046, 21 U.S.C.A. § 341, which provides: "Whenever in the judgment of the Secretary [of Agriculture...

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