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LUBRIZOL CORP. v. TRAIN

No. 76-1618.

547 F.2d 310 (1976)

The LUBRIZOL CORPORATION, Plaintiff-Appellee, v. Russell E. TRAIN, Administrator, and the United States Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 30, 1976.

Attorney(s) appearing for the Case

Frederick M. Coleman, U.S. Atty., Cleveland, Ohio, Earl Salo, Alfred T. Ghiorzi, Dept. of Justice, Washington, D.C., Peter R. Taft, Edmund B. Clark, E.P.A., Paul Loizeaux, Washington, D.C., for defendants-appellants.

Geoffrey K. Barnes, James Van Carson, Squire, Sanders & Dempsey, Cleveland, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

CELEBREZZE, Circuit Judge.

The Environmental Protection Agency (EPA) appeals from the granting of a preliminary injunction enjoining the enforcement of regulations promulgated under § 211(a) of the Clean Air Act1 requiring the registration of motor vehicle fuels and fuel additives. Registration of Fuels and Fuel Additives, 40 Fed.Reg. 52009 (1975). The regulations define "fuel" to include motor vehicle engine oil, a substance...

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