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AMERICAN DIETAIDS CO. v. CELEBREZZE

215 F.Supp. 252 (1963)

AMERICAN DIETAIDS CO., Inc., Plaintiffs, v. Anthony J. CELEBREZZE, Secretary of the United States Department of Health, Education and Welfare, Edward Warner and Carl E. Lorentzson, Defendants.

United States District Court S. D. New York.

March 22, 1963.

Attorney(s) appearing for the Case

Bass & Friend, New York City, for plaintiff, Milton A. Bass, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, for defendants, Anthony J. D'Auria, Asst. U. S. Atty., of counsel.

DAWSON, District Judge.

This is a motion by defendants, pursuant to Rule 56 of the Rules of Civil Procedure, for an order dismissing the complaint.

The action purports to be one for declaratory judgment pursuant to Section 1337, Title 28 U.S.C., declaring that certain acts of the defendants are unauthorized by law and in violation of the provisions of Section 704(a) of the Federal Food, Drug and Cosmetic Act, and for a declaration that they constitute an interference...

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