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GENERAL FOODS CORP. v. MASS. DEPT. OF PUBLIC HEALTH

No. 80-1502.

648 F.2d 784 (1981)

GENERAL FOODS CORPORATION and Rich-SeaPak Corporation, Plaintiffs-Appellants, v. The MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided May 13, 1981.

Attorney(s) appearing for the Case

William H. Kitchens, Atlanta, Ga., with whom Ellis Arnall, Cleburne E. Gregory, Jr., Allen I. Hirsch, Kevin B. Getzendanner, Arnall, Golden & Gregory, Atlanta, Ga., Michael J. Quillinan, Murray D. Sayer, James M. Serafino, White Plains, N. Y., Edward J. McCormack, Jr., Joel Z. Eigerman, and McCormack & Zimble, Boston, Mass., were on brief, for plaintiffs-appellants.

Stephen S. Ostrach, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for defendants-appellees.

Before COFFIN, Chief Judge, ALDRICH, Senior Circuit Judge, WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge.

The appellants General Foods Corporation and Rich-SeaPak Corporation, as plaintiffs, began in the district court this action for declaratory judgment and injunctive relief, alleging the unconstitutionality of the Massachusetts open date food labeling regulation, 105 C.M.R. § 520.119. The appellees, the Massachusetts Department of Health and the Commissioner of that department, as defendants, moved to dismiss the complaint because...

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