No. 73-1142.

511 F.2d 331 (1974)

AMERICAN PUBLIC HEALTH ASSOCIATION et al., Appellants, v. Earl BUTZ, Secretary of Department of Agriculture, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 1974.

Rehearing Denied April 9, 1975.

Attorney(s) appearing for the Case

Irvin B. Nathan, Washington, D. C., with whom Simon Lazarus, III, and Charles R. Halpern, Washington, D. C., were on the brief, for appellants.

Richard L. Beizer, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and J. Michael McGarry, III, Asst. U. S. Attys., were on the brief, for appellees. Earl J. Silbert, U. S. Atty., also entered an appearance for appellee.

Before ROBINSON and ROBB, Circuit Judges, and MATTHEWS, Senior District Judge for the United States District Court for the District of Columbia.

Rehearing En Banc Denied April 9, 1975.

ROBB, Circuit Judge:

As plaintiffs in the District Court our appellants alleged in their complaint that the Secretary of Agriculture was violating certain provisions of the Wholesome Meat Act, 21 U.S.C. §§ 601 et seq., and the Wholesome Poultry Products Act, 21 U.S.C. §§ 451 et seq. Specifically, they alleged that the Secretary was wrongfully refusing to affix to meat and poultry products, inspected...

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