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COMMUNITY NUTRITION INSTITUTE v. BERGLAND

Civ. A. Nos. 80-0243, 80-1093.

493 F.Supp. 488 (1980)

COMMUNITY NUTRITION INSTITUTE et al., Plaintiffs, v. Bob BERGLAND et al., Defendants. NATIONAL SOFT DRINK ASSOCIATION, Plaintiff, v. Robert BERGLAND et al., Defendants.

United States District Court, District of Columbia.

June 27, 1980.

Attorney(s) appearing for the Case

David C. Vladeck, William B. Schultz, Washington, D. C., for plaintiffs in No. 80-0243; Myron G. Zeitz, Gary Jacobs, Washington, D. C., of counsel.

Lewis K. Wise, Catherine A. Ribnick, Dept. of Justice, Washington, D. C., Bonnie Lukin, Dept. of Agriculture, Washington, D. C., for defendants in both cases.

Eugene M. Pfeifer, Rockville, Md., for plaintiff in No. 80-1093.

MEMORANDUM OPINION

GESELL, District Judge.

These consolidated cases involve review of a regulation1 issued by the Secretary of Agriculture implementing the 1977 congressional amendment to the National School Lunch and Breakfast programs. By determining what foods are deemed non-nutritious and by prohibiting the sale of certain competing non-nutritious foods on school premises until after lunch, the Secretary's regulation has...

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