WILLAPOINT OYSTERS v. EWING

No. 11936.

174 F.2d 676 (1949)

WILLAPOINT OYSTERS, Inc. v. EWING, Administrator, Federal Security Agency, et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 3, 1949.


Attorney(s) appearing for the Case

Albert E. Stephan, of Seattle, Wash. (Grosscup, Ambler & Stephan, of Seattle, Wash., of counsel), for petitioner.

Alexander M. Campbell, Asst. Atty. Gen., Frank J. Hennessy, U. S. Atty., of San Francisco, Cal. (John T. Grigsby, Atty., Dept. of Justice, and William Goodrich, Atty., Federal Security Administration, both of Washington, D. C., of counsel), for respondents.

Before STEPHENS, BONE, and ORR, Circuit Judges.


BONE, Circuit Judge.

This matter is before us on a petition for judicial review of two so-called "Final Orders" of the Federal Security Agency, hereafter referred to as Agency, prescribing and establishing standards of identity and a standard of fill of containers for canned oysters. The First Final Order was issued March 10, 1948, by Respondent Ewing, Federal Security Administrator, hereafter referred to as Administrator, and published in Federal Register March 13...

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