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NATICK PAPERBOARD CORP. v. WEINBERGER

No. 74-1035.

498 F.2d 125 (1974)

NATICK PAPERBOARD CORP. and Crown Paperboard Co., Inc., Plaintiffs, Appellants, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, and Alexander M. Schmidt, Commissioner of Food and Drugs, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 3, 1974.

Attorney(s) appearing for the Case

Robert J. DeGiacomo, Washington, D. C., with whom Endicott Peabody, John T. Schell, Christopher A. Hart, and Peabody, Rivlin, Lambert & Dennison, Washington, D. C., were on brief, for appellants.

Robert V. Allen, Atty., Consumer Affairs Section, Dept. of Justice, with whom Thomas E. Kauper, Asst. Atty. Gen., Antitrust Div., Dept. of Justice, Gregory B. Hovendon, Chief, Consumer Affairs Section, Dept. of Justice, Peter Barton Hutt, Asst. Gen. Counsel, Food and Drug Div., Dept. of H.E.W., and Charles J. Raubicheck, Atty., Food and Drug Div., Dept. of H.E.W., for appellees.

Before COFFIN, Chief Judge, Mc-ENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

On July 6, 1973, the Commissioner of Food and Drugs published a new regulation intended to limit the presence in human and animal foods of certain toxic chemicals known collectively as polychlorinated biphenyls (PCB's). Among other things, the new regulation prohibited PCB residues of more than ten parts per million (ppm) in most paper food-packaging materials. 38 Fed.Reg. 18096, 18101-02, (1973) (to be codified at 21 C.F.R. § 122.10(a...

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