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KATZSON BROS., INC. v. U.S. E.P.A.

No. 86-1047.

839 F.2d 1396 (1988)

KATZSON BROS., INC., a Colorado Corporation, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Tenth Circuit.

February 22, 1988.

Attorney(s) appearing for the Case

Richard H. Right, P.C., Englewood, Colo., for petitioner.

Scott A. Schachter (F. Henry Habicht II, Asst. Atty. Gen., and Michael W. Steinberg, U.S. Dept. of Justice, Washington, D.C., Francis S. Blake and Jane W. Gardner, U.S. E.P.A., Denver, Colo., and Judy Wheeler, U.S. E.P.A., Washington, D.C., with him on the brief), Dept. of Justice, Washington, D.C., for respondent.

Before MOORE and ANDERSON, Circuit Judges, and PHILLIPS, District Judge.

JOHN P. MOORE, Circuit Judge.

Petitioner Katzson Brothers, a wholesale supplier of janitorial laundry and dry cleaning products, petitions for review of a $4,200 penalty assessed by the Environmental Protection Agency (EPA). EPA levied this penalty when Katzson Brothers failed to file a 1983 annual report listing its production of pesticides as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Katzson Brothers argues

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