No. 88-3609.

881 F.2d 757 (1989)

FARMERS UNION CENTRAL EXCHANGE, INC. Plaintiff-Appellee, v. Lee THOMAS, Administrator, Environmental Protection Agency, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 4, 1989.

Attorney(s) appearing for the Case

Michael P. Healy, Attorney, Dept. of Justice, Washington, D.C., for defendant-appellant.

Pamela J. White and Sherwood B. Smith, Jr., Ober, Kaler, Grimes & Shriver, Washington, D.C., for plaintiff-appellee.

Before GOODWIN, Chief Judge, WRIGHT and NORRIS, Circuit Judges.

GOODWIN, Chief Judge:

This case arises out of the Environmental Protection Agency's regulatory control over the lead content of gasoline. EPA appeals a memorandum opinion and order in which the district court exercised jurisdiction under the citizen suit provision of the Clean Air Act, 42 U.S.C. § 7604 (1982), and granted a permanent injunction by summary judgment in favor of Farmers Union Central Exchange ("CENEX"). We vacate the injunction because we find the...

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