MARSHALL MINERALS v. FOOD & DRUG ADMINISTRATION

No. 80-7369.

661 F.2d 409 (1981)

MARSHALL MINERALS, INC., Petitioner-Appellant, v. FOOD AND DRUG ADMINISTRATION, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied February 22, 1982.


Attorney(s) appearing for the Case

Kirbo & Conger, Ben Kirbo, Bainbridge, Ga., for petitioner-appellant.

Food and Drug Administration, Dept. of Health, Education & Welfare, Nancy L. Buc, Frederick H. Degnan, Rockville, Md., Assoc. Chief Counsel for Veterinary Medicine, Appellate Section, Antitrust Div., U. S. Dept. of Justice, Robert B. Nicholson, Atty., Sanford M. Litvack, Asst. Atty. Gen., Daniel J. Conway, Dept. of Justice, Washington, D. C., for respondent-appellee.

Before MILLER, Judge, and FRANK M. JOHNSON, Jr., and THOMAS A. CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied February 22, 1982.

MILLER, Judge:

This appeal is from the March 28, 1980, Food and Drug Administration ("FDA") final order, 45 Fed.Reg. 20,559, denying a request by Marshall Minerals, Inc. ("Marshall"), for a public hearing on its petition, dated August 12, 1977, for a food additive regulation pursuant to sections 409(b) and (c) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 348(b) and (c).

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