ARMOUR AND COMPANY v. BALL

No. 72-1016.

468 F.2d 76 (1972)

ARMOUR AND COMPANY, a Delaware corporation, et al., Plaintiffs-Appellants, v. B. Dale BALL, Director of the Department of Agriculture of the State of Michigan, and Ronald M. Leach, Acting Chief of the Food Inspection Division of the Michigan Department of Agriculture, Defendants-Appellees, Frank J. Kelley, Attorney General of the State of Michigan, Intervening Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

October 13, 1972.


Attorney(s) appearing for the Case

Richard B. Foster, Lansing, Mich., for appellants; Foster, Lindemer, Swift & Collins, Lansing, Mich., H. Templeton Brown, Franklin P. Auwarter, William A. Gordon, Mayer, Brown & Platt, Chicago, Ill., on briefs.

Solomon Bienenfeld, Asst. Atty. Gen., Lansing, Mich., Frank J. Kelley, Atty. Gen. of Michigan, Lansing, Mich., Thomas R. Wheeker, Asst. Atty. Gen., on briefs, for appellees.

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and THOMAS, District Judge.


THOMAS, District Judge.

Appellants, Armour and Company, Wilson & Co., Inc., and Geo. A. Hormel & Company, all Delaware corporations, manufacture a variety of sausage and other meat products. They join in an action for declaratory judgment and injunctive relief alleging a conflict of the Federal Wholesome Meat Act (Federal Meat Inspection Act of 1907, as amended), 21 U.S.C. § 601 et seq. (1967) with the Michigan Comminuted Meat Law (M.S.A. 12.964(1) et...

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