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RATH PACKING CO. v. BECKER

Nos. 73-2481, 73-2482, 73-3092, 73-2496 and 73-3180.

530 F.2d 1295 (1975)

The RATH PACKING COMPANY, a corporation, Plaintiff, Counter-Defendant and Appellant, v. M. H. BECKER, as Director of the County of Los Angeles Department of Weights and Measures, Defendant, Appellee and Cross-Appellant, C. B. Christensen, as Director of Agriculture of the State of California, Intervenor, Appellee and Cross-Appellant. The RATH PACKING COMPANY, a corporation, Plaintiff and Appellant, v. Joseph W. JONES, as Director of the County of Riverside Department of Weights and Measures, Defendant, Appellee and Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Granted April 19, 1976.

Attorney(s) appearing for the Case

Arnold K. Graham, Deputy County Counsel (argued), Los Angeles, Cal., for M. H. Becker.

Allan J. Goodman, Deputy Atty. Gen. (argued), Los Angeles, Cal., for C. B. Christensen.

Loyal E. Keir, Deputy County Counsel (argued), Riverside, Cal., for Joseph W. Jones.

Dean C. Dunlavey (argued), of Gibson, Dunn & Crutcher, Los Angeles, Cal., for Rath Packing Co.

Before BROWNING and TRASK, Circuit Judges, and RICH, Judge.

Certiorari Granted April 19, 1976. See 96 S.Ct. 1663.

OPINION

RICH, Judge:

These suits were brought by Rath Packing Company (hereinafter "Rath") to enjoin the enforcement of certain California statutes and regulations pertaining to the labeling by weight of packaged foods at retail, and for a declaration that the federal Wholesome Meat Act of 1967, 21 U.S.C. § 601 et seq., and a regulation promulgated thereunder, 9 CFR 317.2(h)(2), preempt these...

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