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NATIONAL SOFT DRINK ASS'N v. BLOCK

No. 80-1751.

721 F.2d 1348 (1983)

NATIONAL SOFT DRINK ASSOCIATION, Appellant, v. John R. BLOCK, Secretary, Department of Agriculture, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 1983.

As Amended November 30, 1983.

Attorney(s) appearing for the Case

George M. Burditt, Chicago, Ill., with whom Eugene M. Pfeifer, Rockville, Md., was on brief for appellant.

Marc Richman, Atty., Dept. of Justice, Washington, D.C., for appellees.

Alice Daniel, Asst. Atty. Gen., Charles F.C. Ruff, U.S. Atty., Washington, D.C., at the time brief was filed, Anthony J. Steinmeyer and Catherine A. Ribnick, Attys., Dept. of Justice, Washington, D.C., were on brief for appellees.

David C. Vladeck, Washington, D.C., entered an appearance for appellees.

David R. Ford, Washington, D.C., was on the brief for National Automatic Merchandising Association, amicus curiae, urging reversal. John R. Keys, Jr., Washington, D.C., also entered an appearance for amicus curiae.

Before WILKEY and BORK, Circuit Judges, and McNICHOLS, Senior District Judge, United States District Court for the District of Idaho.

Opinion for the Court filed by Senior District Judge RAY McNICHOLS.

Dissenting opinion filed by Circuit Judge WILKEY.

RAY McNICHOLS, Senior District Judge:

This appeal challenges certain regulations promulgated by the Secretary of Agriculture (the Secretary). The regulations prohibit the sale of soda water (soda pop), water ices, chewing gum, and certain candies, throughout the public schools where Federally subsidized breakfast and lunch programs...

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