AMERICAN FROZEN FOOD INSTITUTE, Appellant,
v.
Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 2, 1977.
Decided May 12, 1977.
Attorney(s) appearing for the Case
Philip C. Olsson, Washington, D. C., with whom James F. Rill, Washington, D. C., was on the brief, for appellant.
Richard A. Merrill, Chief Counsel, Food and Drug Administration, Rockville, Md., with whom Earl J. Silbert, U. S. Atty., Stephen H. McNamara, Associate Chief Counsel for Food, Jess H. Stribling, Jr., Atty., Food and Drug Administration, Margaret A. Cotter, Asst. Chief, Consumer Affairs Section, Dept. of Justice, Washington, D. C., were on the brief, for appellees.
Before WRIGHT, McGOWAN and TAMM, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion Per Curiam.
PER CURIAM:
The circumstances giving rise to this appeal from the District Court are set forth in its opinion appearing at 413 F.Supp. 548 (1976). We are in general agreement with Judge Robinson's opinion. We find it useful only to emphasize that, as presented to us upon appeal, the "fundamental issue" is, in appellant's submission, whether the Food and Drug Administration, in promulgating the challenged...
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