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CHEM SERVICE, INC. v. ENVIRONMENTAL MONITORING SYSTEMS

No. 93-1196.

12 F.3d 1256 (1993)

CHEM SERVICE, INC., Appellant, v. ENVIRONMENTAL MONITORING SYSTEMS LABORATORY-CINCINNATI OF the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Thomas A. Clark, in His Capacity as Director of the Environmental Monitoring Systems Laboratory-Cincinnati of the United States Environmental Protection Agency; United States Environmental Protection Agency; NSI Environmental Solutions, Inc.

United States Court of Appeals, Third Circuit.

Decided December 27, 1993.

Attorney(s) appearing for the Case

F. Michael Friedman (argued), Pagano, Wills & Friedman, Media, PA, for appellant.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Robert S. Greenspan, Henry D. Gabriel (argued), U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, Michael J. Rotko, U.S. Atty., Joan K. Garner, Deputy Chief, Civ. Div., Karen E. Rompala, Sp. Asst. U.S. Atty., Philadelphia, PA, for appellees Environmental Monitoring Systems Laboratory of the U.S.E.P.A., and Thomas Clark.

James A. Hourihan, Martha R. Moffett, Hogan & Hartson, Washington, DC, Harry A. Short, Jr., Liebert, Short & Hirshland, Philadelphia, PA, for appellee NSI Environmental Solutions, Inc.

Before: STAPLETON, ROTH and LEWIS, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

This case arises from a dispute over three cooperative research and development agreements ("CRADAs") entered into by the Environmental Monitoring Systems Laboratory-Cincinnati ("EMSL-CI") of the Environmental Protection Agency ("EPA"). Chem Service, Inc., a non-party to the CRADAs, brought suit against EMSL-CI, the laboratory's director, and EPA, seeking to enjoin the government from performing certain functions...

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