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PROFESSIONAL LAWN CARE ASS'N v. VILLAGE OF MILFORD

No. 89-2141.

909 F.2d 929 (1990)

PROFESSIONAL LAWN CARE ASSOCIATION, Plaintiff-Appellee, v. VILLAGE OF MILFORD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 1, 1990.

Attorney(s) appearing for the Case

Kenneth A. Flaska, John J. Ronayne, III, Kasiborski, Ronayne & Flaska, Detroit, Mich., Joseph D. Lonardo (argued), Vorys, Sater, Seymour & Pease, Columbus, Ohio, for plaintiff-appellee.

Patti A. Goldman (argued), Public Citizen Litigation Group, Washington, D.C., Paul V. Groth, Connelly, Crowley & Groth, Walled Lake, Mich., for defendant-appellant.

Before MILBURN and NELSON, Circuit Judges, and ENGEL, Senior Circuit Judge.

MILBURN, Circuit Judge.

The defendant-appellant, Village of Milford, Michigan, enacted Ordinance No. 197, which imposes registration, posting and notice requirements upon commercial "users of pesticides." The district court enjoined the village from enforcing the ordinance on the ground that it was impliedly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. §§ 136-136y. The...

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