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ATLAS POWDER CO. v. EWING

Nos. 10765, 10833.

201 F.2d 347 (1952)

ATLAS POWDER CO. v. EWING, Federal Security Administrator. GLYCO PRODUCTS CO., Inc. v. FEDERAL SECURITY ADMINISTRATOR.

United States Court of Appeals, Third Circuit.

Decided December 22, 1952.

Rehearing Denied January 14, 1953.

Writ of Certiorari Denied April 6, 1953.

Attorney(s) appearing for the Case

Oscar Cox, Washington, D. C. (C. C. Gammons, Kenneth E. Mulford and Roger R. Horton, Wilmington, Del., Lloyd N. Cutler, Louis F. Oberdorfer, Herbert L. Packer and Donald F. Turner, Washington, D. C., on the brief), for Atlas Powder Co.

Michael F. Markel, Washington, D. C. (Wayne K. Hill, Washington, D. C., on the brief), for Glyco Products Co.

William W. Goodrich, Assistant General Counsel, Federal Security Agency, Washington, D. C. (Charles B. Murray, Asst. Atty. Gen., Vincent A. Kleinfeld, Attorney, Department of Justice, Washington, D. C., Selma M. Levine, Attorney, Federal Security Agency, Washington, D. C., on the brief), for respondent.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

Writ of Certiorari Denied April 6, 1953. See 73 S.Ct. 783.

HASTIE, Circuit Judge.

Atlas Powder Company and Glyco Products Company, Inc., each suing as a "person who will be adversely affected by" an order of the Federal Security Administrator establishing, pursuant to Section 401 of the Food, Drug, and Cosmetic Act, 52 Stat. 1046, 21 U.S.C.A. § 341, a standard of identity for bread, have filed in this court separate petitions for review of that order...

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