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LOVE v. THOMAS

No. 87-3866.

858 F.2d 1347 (1988)

James M. LOVE; Northwest Food Processors Association; Tualatin Valley Fruit Marketing, Inc.; Plaintiffs-Appellees; Dave Frohnmayer, Attorney General for the State of Oregon, on behalf of the people of the state of Oregon, Intervenor-Appellee; v. Lee M. THOMAS, Administrator, United States Environmental Protection Agency, Defendant-Appellant; American Federation of Labor — Congress of Industrial Organizations; Natural Resources Defense Council, Inc.; United Farmworkers of Washington State; Pineros Y Campesinos Unidos Del Noroeste, Inc.; Christina Esquivel; Diana Guzman; Alicia Prieto; Aurora Leon; Zenaida Prieto; Maria Esquivel; Constancio Martinez; Juan Prieto, Jr.; Enrique Prieto; Antonio Leon; Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided January 29, 1988.

As Amended on Denial of Rehearing and Rehearing September 28, 1988.

Attorney(s) appearing for the Case

John A. Bryson, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Susan K. Eggum, McEwen, Gisvold, Rankin & Stewart, Portland, Or., Phillip D. Chadsey and Charles F. Adams, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for plaintiffs-appellees.

Arden J. Olson, Asst. Atty. Gen., State of Or., for intervenor-appellee.

Albert H. Meyerhoff, Natural Resources Defense Council, Inc., San Francisco, Cal., for intervenors.

Before NORRIS, KOZINSKI and THOMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc September 28, 1988.

KOZINSKI, Circuit Judge:

Farmers and food processors in the Pacific Northwest brought this lawsuit to enjoin the Environmental Protection Agency from suspending registrations of the pesticide dinoseb (2-sec-butyl-4, 6-dinitrophenol). Plaintiffs use products containing dinoseb or its salts in the cultivation of green peas, snap beans, cucurbits and caneberries.1

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