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AMERICAN DIETAIDS CO. v. CELEBREZZE

No. 28130.

317 F.2d 658 (1963)

AMERICAN DIETAIDS CO., Inc., Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of the United States Department of Health, Education and Welfare, Edward Warner and Carl E. Lorentzson, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided May 17, 1963.

Attorney(s) appearing for the Case

Milton A. Bass of Bass & Friend, New York City, for plaintiff-appellant.

Anthony J. D'Auria, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and David R. Hyde, Asst. U. S. Atty., on the brief), for defendants-appellees.

Before CLARK, SMITH and HAYS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Appellees Warner and Lorentzson, inspectors of the Food and Drug Administration of the United States Department of Health, Education and Welfare, pursuant to department policy, on August 9, 1962, carried with them a concealed tape recorder while inspecting under authority of § 704(a) of the Federal Drug and Cosmetic Act, 21 U.S.C. § 374(a)1 the premises of plaintiff, a manufacturer of special purpose...

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