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MINNESOTA PESTICIDE INFORMATION AND EDUC. v. ESPY

No. 93-2653.

29 F.3d 442 (1994)

MINNESOTA PESTICIDE INFORMATION AND EDUCATION, INC., Plaintiff-Appellant, v. Michael ESPY, Secretary of Agriculture; F. Dale Robertson, Chief, United States Forest Service; Floyd J. Marita, Regional Forester for Region 9, United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1994.

Rehearing Denied August 15, 1994.

Attorney(s) appearing for the Case

William P. Pendley, Denver, CO, argued (John Nelson and Todd Welch, Denver, CO, Mark F. Ten Eyck and Peter Tester, Minneapolis, MN, on the brief), for appellant.

Friedrich A.P. Siekert, Minneapolis, MN, argued, for appellees.

Before MAGILL, Circuit Judge, and FLOYD R. GIBSON and JOHN R. GIBSON, Senior Circuit Judges.

FLOYD R. GIBSON, Senior Circuit Judge.

Minnesota Pesticide Information and Education, Inc. ("MPIE") appeals the district court's1 dismissal of its suit against the Department of Agriculture, the United States Forest Service, and various officials from these agencies (collectively referred to as "the Forest Service"). We affirm.

I. BACKGROUND

Prior to 1990, the United States Forest Service used herbicides when necessary...

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