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GULF OIL CORP. v. ENVIRONMENTAL PROTECTION AGENCY

No. 75-4400.

548 F.2d 1228 (1977)

GULF OIL CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

March 18, 1977.

Attorney(s) appearing for the Case

Robert W. Ellis, Atlanta, Ga., for petitioner.

Thomas H. Ries, Atlanta, Ga., Robert E. Kopp, Richard A. Olderman, Rex E. Lee, Asst. Atty. Gen., Appellate Section, Civil Division, Dept. of Justice, Washington, D. C., for respondent.

Before GEWIN, GEE and FAY, Circuit Judges.

GEWIN, Circuit Judge:

Gulf Oil Corporation ("Gulf") seeks review of the determinations of an Environmental Protection Agency ("EPA") administrative law judge and regional administrator that its Gulf Lite Patio Torch Fuel ("Gulf Lite") is an unregistered economic poison under the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA").1 As a result of these determinations Gulf was fined $5,400. We reverse.

FIFRA requires registration...

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