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UNION CARBIDE AGR. PRODUCTS CO., INC. v. COSTLE

No. 921, Docket 79-6200.

632 F.2d 1014 (1980)

UNION CARBIDE AGRICULTURAL PRODUCTS CO., INC. et al., Plaintiffs-Appellees, v. Douglas M. COSTLE, as Administrator of the Environmental Protection Agency and United States Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 24, 1980.

Attorney(s) appearing for the Case

Michael H. Dolinger, Asst. U. S. Atty., New York City (William M. Tendy, U. S. Atty. for the Southern District of New York, Peter C. Salerno, Asst. U. S. Atty., New York City, and Edward C. Gray, Deputy Associate Gen. Counsel, United States Environmental Protection Agency, Washington, D. C., on brief), for defendants-appellants.

Robert L. Ackerly, Washington, D. C. (Sellers, Conner & Cuneo, Washington, D. C., John D. Conner, Washington, D. C., Allan J. Berlowitz, Arthur, Dry & Kalish, New York City, on brief), for plaintiffs-appellees.

Before FEINBERG, Chief Judge, Van GRAAFEILAND, Circuit Judge, and HAIGHT, District Judge.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York which preliminarily enjoined appellants, the Environmental Protection Agency (EPA) and its Administrator, from enforcing against appellees two provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), section 3(c)(1)(D), 7 U.S.C. § 136a(c)(1)(D), and section 10...

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