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FIEDLER v. CLARK

No. 82-4313.

714 F.2d 77 (1983)

Frank B. FIEDLER, Plaintiff-Appellant, v. Charles CLARK, Acting Director of the Department of Health of the State of Hawaii, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 22, 1983.

Attorney(s) appearing for the Case

Christopher R. Evans, Honolulu, Hawaii, for plaintiff-appellant.

David C. Schutter, Richard J. Bender, Cades Schutte Fleming & Wright, John T. Komeiji, Jay W. Nelson, Honolulu, Hawaii, Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BROWNING, Chief Judge, WRIGHT and WALLACE, Circuit Judges.

PER CURIAM:

Fiedler brings this action against Hawaii's pineapple growers, dairy farmers, dairy processors, the State of Hawaii, and the United States for declaratory and injunctive relief against contamination of dairy products with the pesticide heptachlor.

Jurisdiction is alleged under the Declaratory Judgment Act, 28 U.S.C. § 2201; the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301-379a; the Federal Insecticide, Fungicide and Rodenticide...

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