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L & M INDUSTRIES, INC. v. KENTER

No. 112, Docket 71-1551.

458 F.2d 968 (1972)

L & M INDUSTRIES, INC., Plaintiff-Appellant, v. George F. KENTER, Food and Drug Hearing Officer, Food and Drug Administration, Brooklyn, New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 10, 1972.

Attorney(s) appearing for the Case

Milton A. Bass, Sheldon S. Lustigan, David L. Ficksman, Bass & Ullman, New York City, for plaintiff-appellant.

Carl I. Stewart, David G. Trager, Edward R. Korman, Asst. U. S. Attys., Robert A. Morse, U. S. Atty., for defendant-appellee.

Before FRIENDLY, Chief Judge, and WATERMAN and SMITH, Circuit Judges.

WATERMAN, Circuit Judge:

The plaintiff, L & M Industries, Inc. (L & M) appeals from Judge Walter Bruchhausen's final judgment and order of April 20, 1971, entered in the United States District Court for the Eastern District of New York, dismissing L & M's complaint for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief could be granted.

The defendant is a Food...

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