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MURPHY v. BENSON

Civ. A. No. 17610.

151 F.Supp. 786 (1957)

Robert Cushman MURPHY, Mary T. Richards, Marjorie Spock, John C. Homer, Gladys Weeks, and David Kennedy, Plaintiffs, v. Ezra Taft BENSON, Secretary of Agriculture of the United States, Lloyd Butler, Area Supervisor of Plant and Pest Control Division, Daniel Carey, Commissioner of Agriculture and Markets of the State of New York, Defendants.

United States District Court E. D. New York.

May 24, 1957.

Attorney(s) appearing for the Case

Roger Hinds, New York City, for plaintiffs, Roger Hinds and William B. Schrauff, New York City, of counsel.

Leonard P. Moore, U. S. Atty. for the Eastern Dist. of New York, Brooklyn, N. Y., for defendants, Ezra Taft Benson and Lloyd Butler, Lloyd H. Baker, Asst. U. S. Atty., Brightwaters, N. Y., and Harold M. Carter, Atty., U. S. Dept. of Agriculture, Washington, D. C., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, for defendant, Daniel Carey, Irving L. Rollins, Asst. Atty. Gen., of counsel.

BYERS, District Judge.

This is a plaintiffs' motion for a temporary injunction in an action in which the complaint was filed May 8, 1957 for a permanent injunction against the spraying of trees on plaintiffs' lands. The object of the spraying is to eradicate gypsy moths.

The motion is based upon the affidavits of the plaintiffs Murphy, Richards, and Spock; also those of Dr. W. C. Martin, a practicing physician in New York and Dr. Morton S. Biskind, a practicing...

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