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PUBLIC CITIZEN v. FOREMAN

Civ. A. No. 78-1064.

471 F.Supp. 586 (1979)

PUBLIC CITIZEN et al., Plaintiffs, v. Carol Tucker FOREMAN et al., Defendants, American Meat Institute et al., Intervening Defendants.

United States District Court, District of Columbia.

As Modified February 14, 1979.

Attorney(s) appearing for the Case

William B. Schultz, Alan B. Morrison, Washington, D. C., for plaintiffs; Ronald Plesser, Washington, D. C., of counsel.

Arthur E. Korkosz, Washington, D. C., for Federal defendants.

Alan H. Kaplan, Richard S. Morey, Glenn E. Davis, Washington, D. C., for intervening defendant American Meat Institute.

Edwin H. Pewett, Hershel Shanks, James Bruce Davis, Washington, D. C., for intervening defendant Independent Meat Packers Assn.

MEMORANDUM OPINION

GESELL, District Judge.

Plaintiffs seek to ban the use of nitrite in bacon. They contend that the United States Department of Agriculture ("USDA") no longer has authority to issue regulations permitting or requiring such use and ask the Court to declare that the Food and Drug Administration ("FDA"), by reason of its statutory authority over food and color additives, has sole authority to regulate the use of nitrite in bacon. Basic questions...

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