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UNITED STATES v. GOODMAN

Nos. 71-C-157, 71-C-158, 71-C-160, 71-C-229 to 71-C-231.

353 F.Supp. 250 (1973)

UNITED STATES of America, Plaintiff, v. Harold A. GOODMAN, Sr., an Individual, trading and doing business as Goodman Fish Company, Defendant. UNITED STATES of America, Plaintiff, v. EWIG BROS. CO., INC., a corporation, and Eugene W. Ewig, an Individual, Defendants. UNITED STATES of America, Plaintiff, v. STREGE & ROUSAR FISH COMPANY, a partnership, et al., Defendants. UNITED STATES of America, Plaintiff, v. Raymond S. STREGE, an Individual, trading and doing business as Ray's Fish Company, Defendant. UNITED STATES of America, Plaintiff, v. Robert E. STREGE, an Individual, doing business as Robert Strege Co., Defendant. UNITED STATES of America, Plaintiff, v. G AND M FISHERIES, a partnership, et al., Defendants.

United States District Court, E. D. Wisconsin.

November 6, 1972.

Attorney(s) appearing for the Case

David J. Cannon, U. S. Atty., by Steven C. Underwood, Asst. U. S. Atty., Milwaukee, Wis., for plaintiffs.

Schoone, McManus & Hanson, by Adrian P. Schoone, Racine, Wis., for defendants.

DECISION

MYRON L. GORDON, District Judge.

At the conclusion of the trial, I indicated that I was satisfied of the plaintiff's entitlement to judgment with but one reservation: I wanted to consider further the defendants' contention that 21 U.S.C. § 346a(b) made it mandatory for the administrator to promulgate the regulations establishing tolerances. I have now concluded that the defendants' interpretation is incorrect.

Under 21 U.S.C. §...

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