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DOW CHEMICAL COMPANY v. RUCKELSHAUS

No. 72-1441.

477 F.2d 1317 (1973)

The DOW CHEMICAL COMPANY, Plaintiff-Appellee, v. William D. RUCKELSHAUS, Administrator Environmental Protection Agency, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 19, 1973.

Attorney(s) appearing for the Case

Michael C. Farrar, Environmental Protection Agency, Washington, D. C., for appellant.

Milton R. Wessel, New York City, for appellee.

Before MATTHES, Chief Judge, BRIGHT, Circuit Judge, and TALBOT SMITH.

TALBOT SMITH, Senior District Judge.

The Dow Chemical Company (hereinafter Dow), aggrieved by an "Order and Findings of Fact of the Administrator Pursuant to Section 4(c), F.I.F.R.A.,"1 sought mandamus2 against William D. Ruckelshaus, Administrator, Environmental Protection Agency (hereinafter Administrator).

The litigation, of which this is only the most recent step, has had a lengthy and torturous...

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