PAX COMPANY OF UTAH v. UNITED STATES

No. 643-70.

454 F.2d 93 (1972)

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

United States Court of Appeals, Tenth Circuit.

January 26, 1972.


Attorney(s) appearing for the Case

Carl Eardley, Deputy Asst. Atty. Gen. (L. Patrick Gray, III, Asst. Atty. Gen., C. Nelson Day, U. S. Atty., Glenn J. Mecham, Asst. U. S. Atty., Ronald R. Glancz, Atty., Dept. of Justice, and R. Stanley Harsh and Harold M. Carter, Attys., Dept. of Agriculture, and C. Blaine Fielding, Atty., Environmental Protection Agency, of counsel, on the brief), for appellants.

I. Daniel Stewart, Jr., of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah (Donald B. Holbrook, of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, HILL and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

This appeal on behalf of the government questions the validity of an injunction decree entered in the district court, 324 F.Supp. 1335, enjoining it from carrying out administrative proceedings which could cancel and bar the registration of certain weed and pest killers manufactured by appellee PAX. The government proceedings were taken pursuant to the Federal Insecticide, Fungicide and Rodenticide...

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