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CHOCOLATE MFRS. ASS'N OF UNITED STATES v. BLOCK

No. 83-2053.

755 F.2d 1098 (1985)

CHOCOLATE MANUFACTURERS ASSOCIATION OF the UNITED STATES, Appellant, v. John R. BLOCK, Sec. U.S. Dept. of Agriculture; Samuel J. Cornelius, Administrator, Food and Nutrition Service and U.S. Department of Agriculture, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 27, 1985.

Attorney(s) appearing for the Case

Peter Barton Hutt, Washington, D.C. (Richard A. Friedman, Laird Hart, Covington & Burling, Washington, D.C., Chris Beatley, Alexandria, Va., on brief), for appellant.

Gregory S. Walden, Dept. of Justice, Washington, D.C. (John B. Koch, Dept. of Agriculture; Richard K. Willard, Acting Asst. Atty. Gen., Carolyn B. Kuhl, Deputy Asst. Atty. Gen., Washington, D.C.; Elsie L. Munsell, U.S. Atty., Alexandria, Va.; Anthony J. Steinmeyer, Dept. of Justice, Washington, D.C., on brief), for appellees.

Before RUSSELL and SPROUSE, Circuit Judges, and HARGROVE, United States District Judge for the District of Maryland, sitting by designation.

SPROUSE, Circuit Judge:

Chocolate Manufacturers Association (CMA) appeals from the decision of the district court denying it relief from a rule promulgated by the Food and Nutrition Service (FNS) of the United States Department of Agriculture (USDA or Department). CMA protests that part of the rule that prohibits the use of chocolate flavored milk1 in the federally funded Special Supplemental...

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