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CERTIFIED COLOR IND. COM. v. SECRETARY OF HEALTH, E. & W.

No. 361, Docket 23983.

236 F.2d 866 (1956)

The CERTIFIED COLOR INDUSTRY COMMITTEE, Allied Chemical & Dye Corporation, American Cyanamid Company, Bates Chemical Co., Inc., Dyestuffs and Chemicals, Inc., H. Kohnstamm & Co., Inc., Wm. J. Stange Co., Sterwin Chemicals, Inc. and Warner-Jenkinson Mfg. Co., Petitioners, v. The SECRETARY OF HEALTH, EDUCATION AND WELFARE, Marion B. Folsom, Respondent.

United States Court of Appeals Second Circuit.

Decided August 10, 1956.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City (Albert R. Connelly, New York City, and Michael F. Markel, Washington, D. C., of counsel), for petitioners.

Warren Olney III, Asst. Atty. Gen., John T. Grigsby and Frank J. Kiernan, Attorneys, Dept. of Justice, Washington, D. C. (Paul M. Steffy, and William W. Goodrich, Washington, D. C., of counsel), for respondent.

Before MEDINA and WATERMAN, Circuit Judges, and MURPHY, District Judge.

MURPHY, District Judge.

These are petitions to review an order of the Secretary of Health, Education and Welfare delisting certain coal-tar colors (FD & C Orange No. 1, Orange No. 2 and Red No. 32) manufactured by petitioners. Prior to this order the dyes in question had been certified since 1939 as "harmless" and placed on the approved list for unrestricted use in foods, drugs and cosmetics. Prompted by hearings before a Select Committee of Congress to Investigate...

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