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TOILET GOODS ASSOCIATION v. GARDNER

No. 63 Civ. 3349.

278 F.Supp. 786 (1968)

The TOILET GOODS ASSOCIATION, Inc., et al., Plaintiffs, v. John W. GARDNER, Secretary of Health, Education and Welfare, and James L. Goddard, Commissioner of Food and Drugs, Defendants.

United States District Court S. D. New York.

January 8, 1968.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City, by Edward J. Ross, and Stephen R. Lang, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, by Arthur S. Olick, Asst. U. S. Atty., for defendants, and William Goodrich, Asst. Gen. Counsel, Food and Drug Administration, for defendants.

OPINION

TYLER, District Judge.

The merits of this controversy are now before this court upon the renewed motion of plaintiffs and cross-motion of defendants (hereinafter collectively referred to as "FDA") for summary judgment. For the history of this interesting litigation, see Toilet Goods Association, Inc. v. Celebrezze, 235 F.Supp. 648 (S.D.N.Y.1964); modified sub nom. Toilet Goods Association, Inc. v. Gardner,

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