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GROCERY MFRS. OF AMERICA, INC. v. GERACE

No. 83 Civ. 8629 (HFW).

581 F.Supp. 658 (1984)

GROCERY MANUFACTURERS OF AMERICA, INC., a Delaware Corporation, Plaintiff, v. Joseph GERACE, Commissioner, New York Department of Agriculture and Markets, and the New York Department of Agriculture and Markets, Defendants, John R. Block, Secretary of Agriculture of the United States and the Department of Agriculture of the United States, Margaret M. Heckler, Secretary of Health and Human Services of the United States and the Department of Health and Human Services of the United States, Additional Defendants on Counterclaim.

United States District Court, S.D. New York.

March 8, 1984.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler by Sheldon Oliensis, Thomas Smart, New York City, Burditt & Calkins by George M. Burditt, Richard E. Favoriti, Margaret A. Kathrein, Deborah B. Norton, Chicago, Ill., for plaintiff.

New York Department of Agriculture and Markets by Thomas G. Conway, Joan A. Kehoe, Richard P. Feirstein, Albany, Robert Abrams, Atty. Gen. of the State of N.Y. by Melvin R. Leventhal, Daniel D. Kaplan, Asst. Attys. Gen., New York City, for defendants.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by R. Nicholas Gimbel, Asst. U.S. Atty., New York City, Thomas Scarlett, Frederick H. Degnan, U.S. Food and Drug Administration, Elizabeth Ann Peterson, U.S. Dept. of Agriculture, Washington, D.C., for F.D.A. and U.S.D.A.

MEMORANDUM DECISION

KEVIN THOMAS DUFFY, District Judge.

Plaintiff Grocery Manufacturers of America ("GMA") has filed a complaint seeking injunctive and declaratory relief against the New York State Department of Agriculture and Markets ("Department") and Joseph Gerace, Commissioner the ("Commissioner") of the Department.1 GMA claims, inter alia, that existing federal statutes and regulations governing the labeling of imitation...

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