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IMPRO PRODUCTS, INC. v. BLOCK

No. 82-2447.

722 F.2d 845 (1983)

IMPRO PRODUCTS, INC. v. John R. BLOCK, Secretary of Agriculture of the United States.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1983.

Attorney(s) appearing for the Case

Michael J. Ryan, Asst. U.S. Atty., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence, John H.E. Bayly, Jr., Asst. U.S. Attys. and Raymond W. Fullerton, Asst. Gen. Counsel, and Aaron B. Kahn, Atty., Dept. of Agriculture, Washington, D.C., were on brief, for appellant.

Harold M. Carter, with whom Philip C. Jones, Washington, D.C., was on brief, for appellee. George T. Qualley, Sioux City, Iowa, also entered an appearance for appellee.

Before WRIGHT, WALD and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This appeal is the by-product of a protracted dispute between Impro Products, Inc. ("Impro") and the Department of Agriculture ("USDA"). In 1981, Impro filed suit claiming that USDA had improperly distributed reprints of an article that contained allegedly false and misleading information about an Impro product. The disputed article, published in 1970 in the American Journal...

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