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SCHUCK v. BUTZ

No. 72-1973.

500 F.2d 810 (1974)

Marcy SCHUCK, Individually and on behalf of her infant son, et al., Appellants, v. Earl L. BUTZ, Secretary of Agriculture.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 1974.

Rehearing Denied August 23, 1974.

Attorney(s) appearing for the Case

Alan B. Morrison, Washington, D.C., with whom Peter H. Schuck, Washington, D.C., was on the brief, for appellants.

James F. McMullin, Asst. U.S. Atty., for appellee. Harold H. Titus, Jr., U.S. Atty. at the time the brief was filed, John A. Terry, Robert S. Rankin, Jr., and Gregory C. Brady, Asst. U.S. Attys., were on the brief for appellee. Garey G. Stark, Asst. U.S. Atty., entered an appearance for appellee.

Before BAZELON, Chief Judge, and McGOWAN and MacKINNON, Circuit Judges.

PER CURIAM:

On February 9, 1972, appellants filed a petition with the Secretary of Agriculture, pursuant to 7 C.F.R. § 1.28, asking him to impose an immediate ban on the addition of sodium nitrates and sodium nitrites (hereinafter referred to as nitrites) to meat products. Appellants further requested that the Secretary appoint a panel of "distinguished scientists" to determine the usefulness of nitrites in preventing...

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