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BORDEN COMPANY v. FREEMAN

No. 16166.

369 F.2d 404 (1966)

The BORDEN COMPANY, a New Jersey Corporation, Appellant, v. Orville L. FREEMAN, Secretary of Agriculture, United States of America, S. R. Smith, Administrator, Agricultural Marketing Services, Department of Agriculture, United States of America, and G. R. Grange, Deputy Administrator, Agricultural Marketing Services, Department of Agriculture, United States of America, Defendant, and Campbell Soup Company, a New Jersey Corporation, Intervenor in D.C.

United States Court of Appeals Third Circuit.

Decided December 29, 1966.

Attorney(s) appearing for the Case

Earl E. Pollock, Chicago, Ill. (Pitney, Hardin & Kipp, Newark, N. J., Sonnenschein, Levinson, Carlin, Nath & Rosenthal, Chicago, Ill., William P. Reiss, Newark, N. J., Jeffrey A. Fillman, Otis H. Halleen, Chicago, Ill., on the brief), for appellant.

Alan S. Rosenthal, Appellate Section, Civil Division, Dept. of Justice, Washington, D. C., (Barefoot Sanders, Asst. Atty. Gen., David M. Satz, Jr., U. S. Atty., Nancy A. Wynstra, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellees, Freeman, Smith and Grange.

Edward J. Grenier, Jr., Washington, D. C. (Grover C. Richman, Jr., Richman, Berry & Ferren, Camden, N. J., Covington & Burling, Washington, D. C., H. Edward Dunkelberger, Jr., Washington, D. C., on the brief), for appellee-intervenor.

Before KALODNER, HASTIE and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

In the instant case the Borden Company sought declaratory and injunctive relief against the enforcement of certain regulations promulgated by the Department of Agriculture, under the authority of the Poultry Products Inspection Act, 21 U.S.C.A. § 451 et seq., with relation to the labeling of its products, dehydrated chicken noodle soup mix and dehydrated chicken rice soup mix.

The District Court rejected the...

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