TUTOKI v. CELEBREZZE

No. 15701.

375 F.2d 105 (1967)

Michael TUTOKI, Vera Mae Jeffries, Frank J. Worachek, Howard Haney, C. Clarke Woods, Eugene L. Sydow, Chester C. Spease, and Chester J. Wojtowicz, Administrator of the Estate of Geraldine E. Roy, deceased, for and on behalf of Raymond Roy, Jr., surviving child, and Helen Mathews, surviving mother of Geraldine Roy, deceased et al., Plaintiffs-Appellants, v. Hon. Anthony J. CELEBREZZE, Hon. John W. Gardner, Successor to Anthony J. Celebrezze, Secretary, Department of Health, Education and Welfare, Melville H. Hosch, Regional Director, Department of Health, Education and Welfare, George F. Larrick, Commissioner, Federal Food and Drug Administration, John H. Guill, Jr., District Director, Federal Food and Drug Administration, and the United States of America, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

January 23, 1967.


Attorney(s) appearing for the Case

Luis Kutner, Robert R. Napoleon, Chicago, Ill., for appellants.

Edward V. Hanrahan, U. S. Atty., William J. Hurley, Asst. U. S. Atty., Chicago, Ill., for appellees, John Peter Lulinski, Asst. U. S. Atty., of counsel.

Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.


KILEY, Circuit Judge.

Plaintiffs appeal from a judgment dismissing their amended complaint seeking injunctive, declaratory and compensatory relief based on defendants' alleged arbitrary, unauthorized and unconstitutional conduct in prohibiting, under color of federal law, the interstate shipment of Krebiozen from Illinois to various states where plaintiffs live. We affirm.

The original plaintiff, now deceased, was...

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