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MURPHY v. BENSON

Civ. No. 17610.

164 F.Supp. 120 (1958)

Robert Cushman MURPHY et al., and Archibald B. Roosevelt et al., Plaintiffs, v. Ezra Taft BENSON, etc., et al., Defendants.

United States District Court E. D. New York.

June 23, 1958.

Attorney(s) appearing for the Case

Roger Hinds, New York City, for original plaintiffs.

Frank C. Mebane, Jr., New York City, for added plaintiffs, William B. Schrauff, New York City, Vincent A. Kleinfeld, Washington, D. C., William J. Cahill, New York City, of counsel.

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. New York, Brooklyn, N. Y., for defendant Butler, Lloyd H. Baker, Asst. U. S. Atty., Brooklyn, N. Y., 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, Commissioner of Agriculture and Markets of the State of New York, Irving L. Rollins, Asst. Atty. Gen., of counsel.

BRUCHHAUSEN, District Judge.

This action was instituted by various property owners to restrain public authorities from spraying their lands with an insecticide, known as DDT. The spraying was part of a long term program to control or eradicate the gypsy moth, an insect known to defoliate trees.

Prior to the spraying of the subject area, in the late spring of 1957, the plaintiffs commenced their action, wherein they sought both a preliminary or temporary injunction...

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