LAND O'LAKES CREAMERIES v. McNUTT

No. 12115.

132 F.2d 653 (1943)

LAND O'LAKES CREAMERIES, Inc., et al. v. McNUTT, Federal Security Adm'r (NATIONAL CO-OP. MILK PRODUCERS' FEDERATION et al., Interveners).

Circuit Court of Appeals, Eighth Circuit.

January 21, 1943.


Attorney(s) appearing for the Case

Charles W. Wilson, of Washington, D. C., and W. E. Rumble, of St. Paul, Minn. (M. J. Doherty, of St. Paul, Minn., John B. Gage, of Kansas City, Mo., Donald W. Kane, of Washington, D. C., Addison M. Parker and Addison M. Parker, Jr., both of Des Moines, Iowa, Doherty, Rumble, Butler, Sullivan & Mitchell, of St. Paul, Minn., and Gage, Hillix, Hodges & Cowherd, of Kansas City, Mo., on the brief), for petitioners and interveners.

Louis B. Schwartz, Sp. Asst. to Atty. Gen. (Wendell Berge, Asst. Atty. Gen., and James W. Knapp, Atty., Department of Justice, and Sidney Zagri, Atty., Federal Security Agency, both of Washington, D. C., on the brief), for respondent.

Phillip Tocker, of Fort Worth, Tex., for National Cotton Council of America, amicus curiae in support of respondent.

Before STONE, SANBORN, and RIDDICK, Circuit Judges.


SANBORN, Circuit Judge.

This is a petition to review an order of the respondent1 made on June 5, 1941, promulgating regulations fixing and establishing a definition and standard of identity for oleomargarine under the Federal Food, Drug, and Cosmetic Act of 1938. (§ 401, 52 Stat. 1046, 21 U.S.C.A. § 341; § 701, 52 Stat. 1055, 21 U.S.C.A. § 371; Reorganization Act of 1939, 53 Stat. 561, 5 U.S.C. Supp. V, § 133 et...

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