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CHEMICAL SPECIALTIES MFRS. ASS'N, INC. v. ALLENBY

No. 90-16485.

958 F.2d 941 (1992)

CHEMICAL SPECIALTIES MANUFACTURERS ASSOCIATION, INC., Plaintiff-Appellant, v. Clifford L. ALLENBY; John K. Van De Kamp, Esq., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Charles A. O'Connor, III, McKenna & Cuneo, Washington, D.C., for plaintiff-appellant.

Edward G. Weil and Clifford Rechtschaffen, Deputy Attys. Gen., Oakland, Cal., for defendants-appellees.

Before HUG, HALL and O'SCANNLAIN, Circuit Judges.

HUG, Circuit Judge:

Chemical Specialties Manufacturers Association, Inc. ("CSMA") filed this action below seeking a declaratory judgment that the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. §§ 136-136y (1988), and the Federal Hazardous Substances Act ("FHSA"), 15 U.S.C. §§ 1261-1277 (1988), preempt Proposition 65 warning requirements. The State of California filed an opposition. The district court found that no genuine...

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