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MILNOT COMPANY v. RICHARDSON

No. 4664.

350 F.Supp. 221 (1972)

MILNOT COMPANY, a Michigan corporation, Plaintiff, v. Elliot RICHARDSON, Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. Illinois, S. D.

November 9, 1972.

Attorney(s) appearing for the Case

Alfred F. Newkirk and Herman G. Bodewes, Springfield, Ill., Shea, Gallop, Climenko & Gould, New York City, for plaintiff.

Donald B. Mackay, U. S. Atty., Springfield, Ill., Max J. Lipkin, Asst. U. S. Atty., Peoria, Ill., Steven McNamara, Dept. of Health, Education and Welfare, Rockville, Md., for defendant.

DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

ROBERT D. MORGAN, District Judge

This is an action for declaratory judgment brought pursuant to Rule 57, F.R. Civ.P., asking the court to declare that the product known as "Milnot," manufactured by the plaintiff, is not within the purview of the provisions of 21 U.S. C. §§ 61-64; or, in the alternative, to declare that Act unconstitutional on the ground that it violates the provisions of...

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