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ALMOND HILL SCHOOL v. U.S. DEPT. OF AGRICULTURE

No. 84-1943.

768 F.2d 1030 (1985)

ALMOND HILL SCHOOL, et al., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, John R. Block, Secretary; and California Department of Food and Agriculture, Clare Berryhill, Director; and T.L. Ladd, Chairman, Japanese Beetle Science Advisory Panel, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1985.

Attorney(s) appearing for the Case

Duane C. Miller, Miller & Rolfe, Sacramento, Cal., for plaintiff-appellants.

Roderick E. Walston, San Francisco, Cal., David C. Shilton, Washington, D.C., for defendants-appellees.

Before SNEED, TANG and CANBY, Circuit Judges.

TANG, Circuit Judge:

Almond Hill School and numerous other plaintiffs in the Sacramento area appeal the district court's denial of their motion for a preliminary injunction to halt the State's use of pesticide spraying to combat a Japanese beetle infestation in their area. The issues presented are whether these plaintiffs may state a private cause of action through 42 U.S.C. § 1983 to enforce the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U...

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