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SUGARMAN v. FORBRAGD

No. 22102.

405 F.2d 1189 (1968)

Harry SUGARMAN, Appellant, v. Jack B. FORBRAGD et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 11, 1969.

Attorney(s) appearing for the Case

George A. McKray (argued) and Sheldon I. Balman (argued), San Francisco, Cal., for appellant.

Arthur A. Dickerman (argued), Los Angeles, Cal., Cecil F. Poole, U. S. Atty., Robert N. Ensign, Asst. U. S. Atty., San Francisco, Cal., for appellees.

Before JOHNSEN, MERRILL and CARTER, Circuit Judges.

MERRILL, Circuit Judge:

Appellant seeks by suit for injunction to review an order of the Food and Drug Administration excluding from import as adulterated certain damaged coffee beans.

In entering its order the Food and Drug Administration was acting for the Secretary of Health, Education and Welfare pursuant to the terms of the Food, Drug and Cosmetic Act, 21 U.S.C. § 381(a).1 The...

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