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UNITED STATES v. GOODMAN

No. 73-1008.

486 F.2d 847 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Harold A. GOODMAN, Sr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. STREGE & ROUSAR FISH COMPANY et al., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Raymond S. STREGE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert E. STREGE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. G AND M FISHERIES et al., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 1973.

Attorney(s) appearing for the Case

Adrian P. Schoone, Racine, Wis., for defendants-appellants.

Gregory B. Hovendon, Chief, Consumer Affairs Section, U. S. Dept. of Justice, Washington, D.C., David J. Cannon, U. S. Atty., Milwaukee, Wis., Charles J. Raubicheck, Washington, D.C., for plaintiff-appellee.

Before FAIRCHILD and SPRECHER, Circuit Judges, and GRANT, Senior District Judge.

SPRECHER, Circuit Judge.

This appeal presents the problem of whether the Administrator of the Environmental Protection Agency (EPA) must establish by regulation permissible tolerances of DDT and its derivatives in fish before injunctive relief may be granted or whether instead the Secretary of the Department of Health, Education and Welfare (HEW) may enforce an interim enforcement guideline issued by the Food and Drug Administration (FDA) establishing a maximum amount...

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