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R. B. JARTS, INC. v. RICHARDSON

No. 622, Docket 35802.

438 F.2d 846 (1971)

R. B. JARTS, INC., Petitioner, v. Elliot L. RICHARDSON, Secretary of the Department of Health, Education and Welfare and Charles C. Edwards, Commissioner of the Food and Drug Administration, Respondents.

United States Court of Appeals, Second Circuit.

Decided January 19, 1971.

Attorney(s) appearing for the Case

John J. Sheehy, New York City (Royall, Koegel & Wells, Joseph H. Spain, New York City, and H. Wayne Judge, Glens Falls, of counsel), for petitioner.

Richard S. Toder, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, Yale L. Rosenberg, Asst. U. S. Atty., William W. Goodrich, Asst. General Counsel, U. S. Department of Health, Education and Welfare, Washington, D. C., and Joanne S. Sisk, Atty., U. S. Department of Health, Education and Welfare, Washington, D. C., of counsel), for respondents.

Before MEDINA, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

Petitioner, R. B. Jarts, Inc., is a South Glens Falls, N. Y., manufacturer whose sole business is the production of plastic-finned lawn darts and related equipment, which it promotes and sells throughout the United States and Canada. Late in the afternoon of Friday, December 18, 1970, it sought a stay, pending judicial review, of a portion of a Regulation of the Deputy Commissioner of Food and Drugs, filed that day to become effective on the...

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