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S. L. COWLEY & SONS MFG. CO., INC. v. E.P.A.

No. 78-1232.

615 F.2d 1312 (1980)

S. L. COWLEY & SONS MFG. CO., INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided February 26, 1980.

Attorney(s) appearing for the Case

Michael S. Yaroschuk, Washington, D. C., for petitioner.

Patricia G. Reeves, U. S. Dept. of Justice, Washington, D. C. (with Barbara Allen Babcock, Asst. Atty. Gen., Robert E. Kopp and John M. Rogers, U. S. Dept. of Justice, David E. Menotti, Deputy Associate Gen. Counsel, and Mitchell H. Bernstein, U. S. Environmental Protection Agency, Washington, D. C., on the brief), for respondent.

Before HOLLOWAY, McWILLIAMS and McKAY, Circuit Judges.

McKAY, Circuit Judge.

This is an appeal from the cancellation by the Environmental Protection Agency (EPA) of the registration of Cowley's Original Rat and Mouse Poison, a rodenticide manufactured and distributed by S. L. Cowley & Sons Mfg. Co. (Cowley). The poison was first registered in 1948 under the then effective Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Registration was renewed in 1953, 1959 and 1964. Between 1966 and 1974 extensive correspondence...

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