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  5. 92 F.3d 807 (1996)
 

COMM. OF DENTAL AMALGAM MFRS. & DISTRIBS. v. STRATTON

Nos. 94-56508, 94-56512.

92 F.3d 807 (1996)

COMMITTEE OF DENTAL AMALGAM MANUFACTURERS AND DISTRIBUTORS; Dentsply International, Inc., Plaintiffs-Appellees, v. James STRATTON, Dr., Interim Director of the Office of Environmental Health Hazard Assessment; Daniel E. Lungren, Attorney General of the State of California, Defendants-Appellants, and Environmental Law Foundation, Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1996.

Attorney(s) appearing for the Case

Susan S. Fiering, Deputy Attorney General, Oakland, California, for defendants-appellants.

James Wheaton, Environmental Law Foundation, Oakland, California, for intervenor-appellant.

Stanley W. Landfair, McKenna & Cuneo, San Diego, California, for plaintiffs-appellees.

Before: PREGERSON, T.G. NELSON, Circuit Judges, and LYNCH, District Judge.

PREGERSON, Circuit Judge:

The defendants, Dr. James Stratton, Acting Director of the California Office of Health Hazard Assessment, and Dan Lungren, the Attorney General of the State of California (collectively the "State"), and the intervening party, Environmental Law Foundation ("ELF"), appeal the district court's grant of summary judgment in favor of the plaintiffs, Committee of Dental Amalgam Alloy Manufacturers and Distributors and Dentsply International, Inc...

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