The NATIONAL MILK PRODUCERS FEDERATION, Land O'Lakes, Inc., Associated Milk Producers, Inc., Consolidated Dairy Products Co., Lyle L. Lapham and Charles R. Schell, Appellants,
v.
The Honorable Patricia HARRIS, Secretary Department of Health and Human Services and Dr. Jerre E. Goyan, Commissioner, Food and Drug Administration, Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted April 14, 1981.
Decided July 9, 1981.
Attorney(s) appearing for the Case
Harry G. Shupe, Washington, D. C., for Federation of Homemakers.
Sydney Berde (argued), Sydney Berde, P.A., St. Paul, Minn., for appellants National Milk Producers Federation, Associated Milk Producers, Inc., Consolidated Dairy Products Co., Inc. and Charles R. Schell.
Ralph K. Morris, Doherty, Rumble & Butler, St. Paul, Minn., for appellants Land O'Lakes, Inc. and Lyle L. Lapham.
Charles R. Bills, Cross, Murphy & Smith, Washington, D. C., for appellant National Milk Producers Federation.
Barry Grossman, Frederic Freilicher (argued), Attys., Dept. of Justice, Washington, D. C., Nancy L. Buc, Chief Counsel, David F. Weeda, Associate Chief Counsel for Foods, Food and Drug Administration, Rockville, Md., for appellees.
Dennis Gott, Chicago, Ill., for Swift & Co.
Kathleen A. Buck, Washington, D. C., for Swift & Co., a subsidiary of Esmark, Inc.
Before BRIGHT, HENLEY and ARNOLD, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
BRIGHT, Circuit Judge.
The National Milk Producers Federation and other representatives of dairy producers (collectively, the Federation)1 brought this suit seeking both mandatory and declaratory relief against the Secretary of Health and Human Services and the Commissioner of the Food and Drug Administration (collectively, the FDA). In its complaint the Federation alleged the invalidity of a FDA regulation that authorizes qualifying food...
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