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MURPHY v. BENSON

No. 270, Docket 25448.

270 F.2d 419 (1959)

Robert Cushman MURPHY et al., Plaintiffs-Appellants, v. Ezra Taft BENSON, Secretary of Agriculture of the United States, Defendant, and Lloyd Butler, Area Supervisor, Plant and Pest Control Division of the United States Department of Agriculture et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided October 1, 1959.

Attorney(s) appearing for the Case

Roger Hinds and Vincent A. Kleinfeld, New York City (Frank C. Mebane, Jr., and William J. Cahill, New York City, on the brief), for plaintiffs-appellants.

Lionel Kestenbaum, Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., and Alan S. Rosenthal, Dept. of Justice, Washington, D. C., on the brief), for defendant-appellee Butler.

Irving L. Rollins, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., and Paxton Blair, Sol. Gen., Albany, N. Y., on the brief), for defendant-appellee Carey.

Before LUMBARD, Circuit Judge, and GALSTON and ANDERSON, District Judges.

LUMBARD, Circuit Judge.

Robert Cushman Murphy and six other home-owners in Nassau and Suffolk Counties, New York, brought this action in May of 1957 to enjoin the defendants, officials of the United States and the New York State governments from spraying their properties with DDT in solution as part of a federal government program to spray aerially Nassau and Suffolk Counties for the purpose of eradicating the gypsy moth...

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