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HOOKER CHEMICALS & PLASTICS CORP. v. TRAIN

No. 650, Docket 74-1683.

537 F.2d 639 (1976)

HOOKER CHEMICALS & PLASTICS CORP. et al., Petitioners, v. Russell E. TRAIN, as Administrator, Environmental Protection Agency, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 28, 1976.

Attorney(s) appearing for the Case

D. E. Kliever, Washington, D.C. (Cleary, Gottlieb, Steen & Hamilton, Washington, D.C. and New York City, of counsel, Robert C. Barnard, Henry J. Plog, Jr., Washington, D.C., on the brief), for petitioners.

Pamela Quinn, Washington, D.C. (Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, Dept. of Justice, Alan G. Kirk II, Attys., Washington, D.C., on the brief), for respondent.

Before MOORE, Circuit Judge, and BRYAN and DUFFY, District Judges.

MOORE, Circuit Judge:

This case is a companion to our accompanying decision Hooker Chemicals & Plastics Corp. v. Train, 537 F.2d 620 (1976) ("74-1687") in which we considered the validity of regulations limiting effluent discharges by existing manufacturers of phosphorus and related chemical compounds. Petitioners in this case seek to have this Court review and set aside regulations affecting "new source" manufacturers...

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