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NATIONAL CONFECTIONERS ASS'N v. CALIFANO

No. 76-1617.

569 F.2d 690 (1978)

NATIONAL CONFECTIONERS ASSOCIATION, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1978.

Attorney(s) appearing for the Case

Alan H. Kaplan, Washington, D. C., with whom F. Kaid Benfield, Washington, D. C., was on the brief for appellant.

Arthur E. Korkosz, Atty., Consumer Affairs Section, Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Richard A. Merrill, Chief Counsel, Forrest T. Patterson, Assoc. Chief Counsel, Food and Drug Administration, Charles R. McConachie, Acting Chief, Consumer Affairs Section, Dept. of Justice, Washington, D. C., were on the brief for appellees.

Before ROBINSON, MacKINNON and ROBB, Circuit Judges.

Opinion for the Court filed by ROBB, Circuit Judge.

ROBB, Circuit Judge:

The appellant National Confectioners Association (NCA), a trade association of candymakers,1 appeals from a judgment of the District Court granting summary judgment to the Secretary of Health, Education and Welfare and the Commissioner of Food and Drugs (Collectively, FDA). We affirm.

The Association asked the District Court to declare void and to...

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