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PACIFIC LEGAL FOUNDATION v. COSTLE

No. 80-4108.

627 F.2d 917 (1980)

PACIFIC LEGAL FOUNDATION et al., Plaintiffs-Appellants, v. Douglas M. COSTLE et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1980.

Rehearing Denied October 2, 1980.

Attorney(s) appearing for the Case

John H. Findley, Sacramento, Cal., argued, for plaintiffs-appellants.

Joshua I. Schwartz, Washington, D.C., argued, Dirk D. Snel, Atty., Washington, D.C., on brief, for defendants-appellees.

Before SNEED and POOLE, Circuit Judges, and ZIRPOLI, District Judge.

OPINION

SNEED, Circuit Judge:

Plaintiffs-appellants, a nonprofit law firm and several California state legislators, appeal from the denial of their motion for a preliminary injunction to restrain the defendant-appellee from enforcing a ban on the construction or modification of certain sources of air pollution in California and from penalizing the state for its failure to enact anti-pollution laws in accordance with agency demands. Appellants based this...

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