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AMCHEM PRODUCTS, INC. v. GAF CORPORATION

No. 76-3801.

602 F.2d 724 (1979)

AMCHEM PRODUCTS, INC., Plaintiff-Appellant, v. GAF CORPORATION and Douglas M. Costle, Administrator, Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 14, 1979.

Attorney(s) appearing for the Case

Kirk M. McAlpin, Atlanta, Ga., John D. Conner, William J. Wellman, Kenneth W. Weinstein, Washington, D. C., Ernest G. Szoke, Amchem Products, Inc., Ambler, Pa., for plaintiff-appellant.

William D. Mallard, Jr., Asst. U. S. Atty., Atlanta, Ga., John W. Lyon, Office of General Counsel, Environmental Protection Agency, Washington, D. C., Robert J. Castellani, First Asst. U. S. Atty., Atlanta, Ga., John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., for defendant-appellee Costle.

J. D. Fleming, Jr., Atlanta, Ga., John A. Chandler, Atlanta, Ga., for defendant-appellee GAF.

Before WISDOM, TJOFLAT and VANCE, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC AND MOTION FOR CORRECTION OF OPINION

BY THE COURT:

The petition for rehearing filed by GAF Corporation is DENIED. We reaffirm that our decision on who has a right to compensation is a narrow one. It is simply that "applicants in Amchem's position, whose data was relied upon to support applications filed between October 21, 1972, and November 19, 1973, that resulted in the issuance of registrations...

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