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Hanover Potato Products Inc. v. Sullivan

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: May 22, 1991.

HANOVER POTATO PRODUCTS, INC.; NATIONAL COALITION OF FRESH POTATO PROCESSORS; ENDICO POTATOES, INC., AND PRE-PEELED POTATO CO., INC.
v.
LOUIS W. SULLIVAN, M.D., SECRETARY OF HEALTH AND HUMAN SERVICES, AND JAMES S. BENSON, ACTING COMMISSIONER OF FOOD AND DRUGS APPELLANTS

On Appeal from the United States District Court for the Middle District of Pennsylvania. (D.C. Civil No. 90-00746). Reargued In Banc May 7, 1991. {Judge}{Q}Judges{/Q}{/Judge}

Argued December 13, 1990 Before: Sloviter and Mansmann, Circuit Judges, and Sarokin, District Judge.*fn* Reargued In Banc May 7, 1991 Before: Sloviter, Chief Judge,*fn** Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, and Alito, Circuit Judges

Author: Sloviter

Order

This matter having come before the court in banc following the grant of a petition for rehearing in banc by the appellees, and this court, by order dated April 9 1991, having vacated the opinion of the panel of this court filed March 20, 1991, it is hereby

Ordered that the order of the district court granting summary judgment to the plaintiffs be and is hereby affirmed by an equally divided court.

Each side shall bear its own costs.

By the Court,

Dolores K. Sloviter

Chief Judge

Dated: May 22, 1991


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