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NATIONAL NUTRITIONAL FOODS ASSOCIATION v. SCHMIDT

No. 73 Civ. 3739 (MIG).

367 F.Supp. 889 (1973)

The NATIONAL NUTRITIONAL FOODS ASSOCIATION and Solgar Co., Inc., Plaintiffs, v. Alexander M. SCHMIDT, Commissioner of Food and Drugs, and Caspar W. Weinberger, Secretary of Health, Education and Welfare, Defendants.

United States District Court, S. D. New York.

November 15, 1973.

Attorney(s) appearing for the Case

Bass & Ullman, New York City, for plaintiffs.

Paul J. Curran, U. S. Atty., S. D. N. Y., for defendants; Samuel J. Wilson, Asst. U. S. Atty., Joanne S. Sisk, Chief App. and Sp. Proceedings, Dept. of Health, Educ. & Welfare, Stephen H. McNamara, Howard M. Holstein, Attys., Office of Gen. Counsel, Dept. of Health, Education and Welfare, of counsel.

GURFEIN, District Judge:

The defendants move to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) on the grounds that the Court lacks subject matter jurisdiction and that the complaint fails to state a claim upon which relief can be granted. Alternatively, the defendants seek a protective order vacating the notice of deposition which the plaintiffs have issued to the defendant Alexander M. Schmidt, Commissioner of Food and Drugs and for a direction...

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