GEORGE'S PEST CONTROL v. U. S. ENVIRONMENTAL, ETC.

No. 76-3760.

572 F.2d 204 (1977)

GEORGE'S PEST CONTROL SERVICE, a division of Cardiff Pest Control, a corporation, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

November 11, 1977.


Attorney(s) appearing for the Case

Alfred W. Driscol, III., Chico, Cal., for petitioner.

David R. Andrews, San Francisco, Cal., for respondent.

Before BROWNING, GOODWIN, and KENNEDY, Circuit Judges.


PER CURIAM:

The Regional Administrator of the Environmental Protection Agency found the petitioner had violated the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 135, et seq. (Supp. V 1975), and assessed a civil penalty of $1,000. Section 136j(a)(2)(G) of Title 7 proscribes the use of "any registered pesticide in a manner inconsistent with its labeling." Petitioner contends that the EPA failed to adduce sufficient evidence to prove a violation...

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