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TASTY BAKING CO. v. COST OF LIVING COUNCIL

No. 3-9.

529 F.2d 1005 (1975)

TASTY BAKING COMPANY, Plaintiff-Appellant, v. COST OF LIVING COUNCIL et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

December 22, 1975.

Attorney(s) appearing for the Case

Robert A. Altman, Clifford, Warnke, Glass, McIlwain & Finney, Washington, D. C., with whom S. Gordon Elkins, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., were on the brief, for appellant.

Barrie L. Goldstein, Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., and Stanley D. Rose, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellees.

Before TAMM, Chief Judge, and HASTIE and CHRISTENSEN, Judges.

TAMM, Chief Judge:

The plaintiff-appellant Tasty Baking Company by this appeal challenges the validity, as it unsuccessfully did before the district court, of several decisions and orders of the appellee Cost of Living Council ("CLC") in effect denying appellant's request for an exception from the requirements of those Phase II regulations, promulgated under the Economic Stabilization Act of 1970, as amended, 12 U.S.C. § 1904 note (Supp. III 1973), which...

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