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CORN REFINERS ASS'N, INC. v. COSTLE

No. 78-1069.

594 F.2d 1223 (1979)

CORN REFINERS ASSOCIATION, INC., CPC International, Inc., Anheuser-Busch, Inc., Grain Processing Corporation, the Hubinger Company, Petitioners, v. Douglas M. COSTLE, As Administrator, Environmental Protection Agency, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Charles F. Lettow, Cleary, Gottlieb, Steen & Hamilton, Washington, D. C. on brief, for petitioner.

Michael A. McCord, Atty., Dept. of Justice, Washington, D. C. (argued), Joan Z. Bernstein, Gen. Counsel, Jeffrey M. Gaba, Atty., Environmental Protection Agency, James W. Moorman, Asst. Atty. Gen., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., on brief, for respondent.

Before LAY and HENLEY, Circuit Judges, and WANGELIN, District Judge.

HENLEY, Circuit Judge.

This case comes before us on a petition for review of a decision of the Administrator of the Environmental Protection Agency (EPA). We have jurisdiction pursuant to 33 U.S.C. § 1369(b)(1)(E). We deny the petition for review.

Petitioners are four companies engaged in the corn wet milling industry1 and their association, the Corn Refiners Association, Inc. The instant petition for review is the latest...

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