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NATICK PAPERBOARD CORP. v. WEINBERGER

No. 75-1134.

525 F.2d 1103 (1975)

NATICK PAPERBOARD CORP. and Crown Paperboard Co., Inc., Appellants, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, and Alexander M. Schmidt, Commissioner of Food and Drugs, Appellees.

United States Court of Appeals, First Circuit.

Decided November 26, 1975.

Attorney(s) appearing for the Case

Jerome H. Heckman, Washington, D. C., with whom Endicott Peabody, Christopher A. Hart, Peabody, Rivlin & Lambert of Washington, D. C., Paul T. Smith of Boston, Mass., and Keller & Heckman of Washington, D. C., were on brief, for appellants.

Alan R. Bennett, Asst. Chief Counsel, Food and Drug Administration, with whom Thomas E. Kauper, Asst. Atty. Gen., Antitrust Div., U. S. Dept. of Justice, Gregory B. Hovendon, Chief Consumer Affairs Section, U. S. Dept. of Justice, Robert V. Allen, Atty., Consumer Affairs Section, Dept. of Justice, and Richard A. Merrill, Chief Counsel, Food and Drug Administration, Washington, D. C., were on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and THOMSEN, Senior District Judge.

THOMSEN, Senior District Judge.

Plaintiffs appeal from a summary judgment for defendants, the Secretary of HEW and the Commissioner of Food and Drugs (collectively, FDA), which declared that they have the authority under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq. (the Act), to recommend seizure of paper food packaging material containing polychlorinated biphenyls (PCB's) in excess of 10 parts per million (ppm) as adulterated food.

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