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AERO-MASTER, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

No. 84-2458.

765 F.2d 746 (1985)

AERO-MASTER, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1985.

Rehearing Denied August 2, 1985.

Attorney(s) appearing for the Case

David M. Duree, St. Louis, Mo., for petitioner.

Charles E. DiLeva, Justice Dept., Washington, D.C., for respondent.

Before HEANEY and BOWMAN, Circuit Judges, and WANGELIN, District Judge.

PER CURIAM.

Aero-Master, Inc. was found to have violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136j, by shipping misbranded pesticide from Missouri to Minnesota. For reversal, Aero-Master argues that the administrative law judge (ALJ) erred in his determination regarding the safety of Aero-Master's shipping method and in imposing the civil penalty that he imposed. We affirm.

Aero-Master shipped a fogging machine for...

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