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NATIONAL NUTRITIONAL FOODS ASS'N v. MATHEWS

No. 73 Civ. 3348.

418 F.Supp. 394 (1976)

NATIONAL NUTRITIONAL FOODS ASSOCIATION and Solgar Co., Inc., Plaintiffs, v. F. David MATHEWS, Secretary of Health, Education and Welfare and Alexander M. Schmidt, Commissioner of Food and Drugs, Defendants.

United States District Court, S. D. New York.

July 2, 1976.

Attorney(s) appearing for the Case

Bass, Ullman & Lustigman, New York City, for plaintiffs; Milton A. Bass, Jacob Laufer, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., New York City, for defendants; Naomi Reice Buchwald, Asst. U. S. Atty., New York City, Stephen H. McNamara, Assoc. Chief Counsel for Food of the U. S. Food and Drug Administration, Washington, D. C., of counsel.

OPINION

FRANKEL, District Judge.

This case, on remand now "to conduct an Overton-type hearing," National Nutritional Foods Ass'n v. Weinberger, 512 F.2d 688, 703 (2d Cir.), cert. denied sub nom. National Nutritional Foods Ass'n v. Mathews, 423 U.S. 827, 96 S.Ct. 44, 46 L.Ed.2d 44 (1975), was brought in August of 1973, seeking declaratory and injunctive relief against regulations of the Food and Drug...

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