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NOR-AM AGRICULTURAL PRODUCTS, INC. v. HARDIN

No. 18478.

435 F.2d 1133 (1970)

NOR-AM AGRICULTURAL PRODUCTS, INC., and Morton International, Inc., Plaintiffs-Appellees, v. Clifford M. HARDIN, Secretary of Agriculture, G. W. Irving, Jr., Administrator Agricultural Research Service and Harry W. Hays, Director Pesticides Regulation Division, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

July 15, 1970.

Attorney(s) appearing for the Case

Thomas A. Foran, U. S. Atty., Chicago, Ill., Howard S. Epstein, Atty., U. S. Dept. of Justice, Washington, D. C., for defendants-appellants; Harold M. Carter, Director, Regulatory Division, Raymond W. Fullerton, Atty., Regulatory Division, Dept. of Agriculture, Washington, D. C., of counsel.

Holland C. Capper, Chicago, Ill., for plaintiffs-appellees; Robert B. Gerrie, James H. Ryan, Geoffrey G. Gilbert, McBride, Baker, Wienke & Schlosser, Chicago, Ill., of counsel.

Before SWYGERT, Chief Judge, and CUMMINGS and PELL, Circuit Judges.

PELL, Circuit Judge.

This is an appeal from an order of the District Court granting plaintiffs' motion for a preliminary injunction enjoining the appellants (the Secretary and other personnel of the United States Department of Agriculture) along with each person acting under the authority or direction of the appellants, and any employee or agent of the Department from taking action, the purpose of which would be in effect to interfere with the sale, distribution,...

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