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U.S. v. ORKIN EXTERMINATING CO., INC.

Crim. A. No. 88-0040-R.

688 F.Supp. 223 (1988)

UNITED STATES of America, Plaintiff, v. ORKIN EXTERMINATING CO., INC., Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

June 9, 1988.

Attorney(s) appearing for the Case

U.S. Atty.'s Office, Roanoke, Va., for plaintiff.

Samuel G. Wilson, Law Offices, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., for defendant.

MEMORANDUM OPINION

TURK, Chief Judge.

This case is before the court on the defendant, Orkin Exterminating Co., Inc.'s (hereinafter "Orkin") motion to dismiss the indictment returned against it. Orkin argues that under 7 U.S.C. § 136w-1 (1982), Congress has delegated enforcement authority for use violations of the Federal Insecticide, Fungicide and Rodenticide Act (hereinafter "FIFRA" or "the Act"), 7 U.S. C. § 136 et seq. (1982) to qualified...

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