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CIBA-GEIGY CORP. v. U.S.E.P.A.

No. 85-5793.

801 F.2d 430 (1986)

CIBA-GEIGY CORPORATION, Appellant, v. U.S. ENVIRONMENTAL PROTECTION AGENCY.

United States Court of Appeals, District of Columbia Circuit.

Decided September 2, 1986.

As Amended September 9, 1986.

Attorney(s) appearing for the Case

Kenneth W. Weinstein, with whom Peter M. Gillon, Washington, D.C., was on the brief, for appellant. Thomas C. Papson, Washington, D.C., also entered an appearance, for appellant.

Laura E. Frossard, Atty., Dept. of Justice, with whom Edward J. Shawaker, Atty., Dept. of Justice, Michael S. Winer and Timothy D. Backstrom, Attys., U.S.E.P.A., Washington, D.C., were on the brief, for appellee. Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., also entered an appearance, for appellee.

Before STARR and SILBERMAN, Circuit Judges, and WRIGHT, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge STARR.

Dissenting Opinion filed by Circuit Judge SILBERMAN.

STARR, Circuit Judge:

Ciba-Geigy Corporation appeals from an order of the District Court dismissing its complaint on grounds of ripeness. The gravamen of Ciba-Geigy's complaint is that the Environmental Protection Agency required it to change the labeling of its registered pesticide, simazine, without affording the Company an adjudicatory hearing...

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