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MOBAY CHEMICAL CORP. v. GORSUCH

Nos. 81-2190, 81-2191 and 81-2469.

682 F.2d 419 (1982)

MOBAY CHEMICAL CORPORATION, Appellant in 81-2190 and 81-2191 v. Anne M. GORSUCH, Administrator Environmental Protection Agency, Appellee. PENNWALT CORPORATION, Appellant in 81-2469 v. Anne M. GORSUCH, Administrator Environmental Protection Agency, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 22, 1982.

Certiorari Denied November 8, 1982.

Attorney(s) appearing for the Case

Daniel M. Dibble (argued), C. David Barrier, Lathrop, Koontz, Righter, Clagett & Norquist, Kansas City, Mo., Cloyd R. Mellott, John W. Ubinger, Jr., Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for appellant Mobay Chemical Corp.

Aaron C. F. Finkbiner, III (argued), Bradford F. Whitman, Jonathan L. Braff, Dechert, Price & Rhoads, Philadelphia, Pa., for appellant Pennwalt Corp.

Marcia E. Mulkey (argued), Carol E. Dinkins, Asst. Atty. Gen., Donald W. Stever, Jr., Anne Almy, Patrick J. Cafferty, Jr., Attys., Dept. of Justice, Washington, D. C., Robert S. McLaughlin, Environmental Protection Agency, Washington, D. C., for appellee.

Before ALDISERT, WEIS and BECKER, Circuit Judges.

Certiorari Denied November 8, 1982. See 103 S.Ct. 343.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal, two pesticide manufacturers contend that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) permits an uncompensated taking of their proprietary data. In addition, one manufacturer asserts that certain regulations promulgated by the Environmental Protection Agency are inconsistent with the statute and were adopted without proper...

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