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BRUNETTO CHEESE MANUFACTURING CORP. v. CELEBREZZE

No. 131, Docket 29567.

356 F.2d 874 (1966)

BRUNETTO CHEESE MANUFACTURING CORP., C. & F. Cheese Distributors, Inc., Falcone Dairy Products, Inc., J. J. Giammalvo, Inc., M. Maggio Co., Pollio Dairy Products Corp., Sorrento Cheese Company, Inc., Sunbury Cheese Company, Inc., and Italian Fresh Cheese Manufacturers Association, Inc., Petitioners, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare of the United States, Respondent.

United States Court of Appeals Second Circuit.

Decided February 4, 1966.

Attorney(s) appearing for the Case

Martin A. Fromer, New York City, for petitioners.

Robert E. Kushner, Asst. U. S. Atty., Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, William W. Goodrich, Asst. Gen. Counsel for Food and Drugs, Joanne S. Sisk, Atty., U. S. Dept. of Health, Education and Welfare, on the brief), for respondent.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

PER CURIAM.

Petitioners, fresh cheese manufacturers of the northeastern United States, and their trade association, seek review of an order of the Secretary of Health, Education, and Welfare under the Federal Food, Drug and Cosmetic Act, 21 U.S. C. § 341, promulgating definitions and standards of identity for Mozzarella, Scamorza, Part-skim Mozzarella and Part-skim Scamorza cheese. We find the order based on substantial evidence in the record and affirm the order...

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