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N. JONAS & CO., INC. v. U.S. ENVIRONMENTAL, ETC.

No. 81-1682.

666 F.2d 829 (1981)

N. JONAS & CO., INC. Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Decided December 10, 1981.

As Amended December 22, 1981.

Attorney(s) appearing for the Case

H. Ronald Klasko (argued), Philadelphia, Pa., for Petitioner; Abraham & Loewenstein, Philadelphia, Pa., of counsel.

Carol E. Dinkins, Asst. Atty. Gen., Donald W. Stever, Jr., Elizabeth Yu (argued), Attys., Dept. of Justice, Washington, D. C., Michael F. Vaccaro, Philadelphia, Pa., John C. Ulfelder, Washington, D. C., Attys., Environmental Protection Agency, for respondent.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and McCUNE, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

N. Jonas & Co. (Jonas) petitions for review of a final order of the Environmental Protection Agency (EPA) assessing a $2,500 civil penalty against appellant for failure to register its product Scorch as a pesticide under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq. This Court has jurisdiction to review the Agency's actions pursuant to Section 16...

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