Legal Opinion

Dyestuffs and Chemicals, Inc. v. Arthur S. Flemming, Secretary of Health, Education, and Welfare

Court of Appeals for the Eighth Circuit

Decided October 30, 1959No. 16225_1PublishedCited by 22 opinions

1Opinion of the Court

VOGEL, Circuit Judge.

Petitioner, Dyestuffs and Chemicals, Inc., herein seeks judicial review of an order promulgated by the respondent, Secretary of Health, Education, and Welfare, 24 F.R. 883, entitled “In the matter of amending the color-certification regulations with respect to FD&C Yellow No. 1, FD&C Yellow No. 2, FD&C Yellow No. 3 and FD&C Yellow No. 4.” Jurisdiction of this court to review the order complained of is based upon 21 U.S.C.A. § 371(f) (1).

21 U.S.C.A. § 346(b) (§ 406(b) of the Federal Food, Drug and Cosmetic Act) provides that:

“(b) The Secretary shall promulgate regulations…

2Cases cited9 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Wong Yang Sung v. McGrathSupreme Court of the United States · 1950
  3. United States v. Storer Broadcasting Co.Supreme Court of the United States · 1956
  4. Denver Union Stock Yard Co. v. Producers Livestock Marketing Ass'nSupreme Court of the United States · 1958
  5. Sun Oil Company v. Federal Power CommissionCourt of Appeals for the Fifth Circuit · 1958

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3Cited by22 opinions

  1. Jager v. StateAlaska Supreme Court · 1975
  2. J. R. Norton Co. v. Agricultural Labor Relations BoardCalifornia Supreme Court · 1979
  3. United States v. Consolidated Mines & Smelting Co., Ltd., & Hugh Brown, United States of America v. Consolidated Mines & Smelting Co., Ltd., and Hugh BrownCourt of Appeals for the Ninth Circuit · 1971
  4. The Upjohn Company v. Robert H. Finch, Secretary of Health, Education & Welfare, and Herbert L. Ley, Jr., Commissioner of Food and DrugsCourt of Appeals for the Sixth Circuit · 1970
  5. United States v. Consolidated Mines & Smelting Co.Court of Appeals for the Ninth Circuit · 1971

17 more not listed; retrieve them via the Exa API.

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