UNITED STATES CANE SUGAR REFINERS' ASS'N v. McNUTT

No. 307.

138 F.2d 116 (1943)

UNITED STATES CANE SUGAR REFINERS' ASS'N et al. v. McNUTT.

Circuit Court of Appeals, Second Circuit.

August 27, 1943.


Attorney(s) appearing for the Case

Sullivan & Cromwell, of New York City (L. A. Crosby and Philip L. Miller, both of New York City, of counsel), for petitioners.

Wendell Berge, Asst. Atty. Gen., and Oscar A. Provost and Edward G. Jennings, Sp. Assts. to Atty Gen. (Edward B. Williams, of Washington, D. C., Atty., Federal Security Agency, of counsel), for respondent.

Before SWAN, CHASE, and CLARK, Circuit Judges.


CHASE, Circuit Judge.

After extensive hearings held in accordance with the requirements of the Federal Food, Drug, and Cosmetic Act, of 1938, 52 Stat. 1040, 21 U.S.C.A. §§ 301-392, the Federal Security Administrator promulgated amended regulations which established definitions and standards of identity for canned apricots, cherries, peaches and pears. In so doing he undertook to act pursuant to § 401 of the above statute which provides as follows:<...

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