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ETHYL CORP. v. U.S. E.P.A.

No. 93-1768.

25 F.3d 1241 (1994)

ETHYL CORPORATION, Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1994.

Attorney(s) appearing for the Case

ARGUED: John Jay Range, Hunton & Williams, Washington, DC, for appellant. Timothy David Backstrom, Office of General Counsel, Environmental Protection Agency, Washington, DC, for appellee. ON BRIEF: F. William Brownell, Kevin L. Fast, Kimberly A. Newman, Ross S. Antonson, Hunton & Williams, Washington, DC, for appellant. Kenneth E. Melson, U.S. Atty., Theresa Carroll Buchanan, Asst. U.S. Atty., Alan D. Margolis, Office of General Counsel, Environmental Protection Agency, Washington, DC, for appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Senior Judge YOUNG joined.

OPINION

NIEMEYER, Circuit Judge:

After the Environmental Protection Agency ("EPA") denied the application of Ethyl Corporation for a waiver of approval for a gasoline additive, Ethyl filed this action under the Freedom of Information Act to compel the production of records from the EPA relevant to the EPA's denial of...

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