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PAX COMPANY OF UTAH v. UNITED STATES

Civ. No. 207-7.

324 F.Supp. 1335 (1970)

The PAX COMPANY OF UTAH, a Utah corporation, Plaintiff, v. UNITED STATES of America et al., Defendants.

United States District Court, D. Utah, C. D.

September 16, 1970.

Attorney(s) appearing for the Case

Donald B. Holbrook and I. Daniel Stewart, of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, for plaintiff.

C. Nelson Day, U. S. Atty., Glenn J. Mecham, Asst. U. S. Atty., and Harold M. Carter, Atty., Dept. of Agriculture, for defendants.

Carl Eardley, Acting Asst. Atty. Gen., Civil Div., Dept. of Justice, R. Stanley Harsh, Atty., Dept. of Agriculture, and C. Blaine Fielding, Atty., Environmental Protection Agency, for defendants-appellants.

ORDER DENYING MOTIONS TO DISMISS AND GRANTING PRELIMINARY INJUNCTION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW

RITTER, Chief Judge.

This matter came before this court on a hearing on the plaintiff's application for a preliminary injunction and upon defendants' motion to dismiss for lack of jurisdiction and failure to state a claim. Due notice of the hearing on the preliminary injunction was given defendants by stipulation entered into August 20, 1970....

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