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ALMAY, INC. v. WEINBERGER

Civ. A. No. 75-1135.

417 F.Supp. 758 (1976)

ALMAY, INC., et al., Plaintiffs, v. Caspar W. WEINBERGER et al., Defendants.

United States District Court, District of Columbia.

June 30, 1976.

Attorney(s) appearing for the Case

William R. Pendergast, c/o McMurray & Pendergast, Washington, D. C., for plaintiffs.

John R. Dugan, Asst. U. S. Atty., Washington D. C., Richard A. Merrill (Chief Counsel), Terry Coleman, Food & Drug Administration, Rockville, Md., for defendants.

MEMORANDUM AND ORDER

SIRICA, District Judge.

The plaintiffs in this case, Almay, Inc., and Clinique Laboratories, Inc., are manufacturers of various cosmetic products. They have brought this action under 5 U.S.C. § 706 to set aside a rule promulgated by the Commissioner of the Food and Drug Administration (hereafter "Commissioner") on grounds that the rule is arbitrary and capricious. Although there was...

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