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DUFRESNE v. VENEMAN

No. 95-56774.

114 F.3d 952 (1997)

Valerie DUFRESNE; Riverside County Chronic Fatigue Immune Deficiency Syndrome Support Group, Plaintiffs-Appellants, v. Ann VENEMAN, in her capacity as Secretary of the California Department of Food and Agriculture; Michael Chrisman, in his capacity as Undersecretary of the California Department of Food and Agriculture; California Department of Food and Agriculture; Richard E. Rominger, Secretary, in his capacity as Acting Secretary of Agriculture; U.S. Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1997.

Attorney(s) appearing for the Case

Hannah Bentley, Alice Chang Kaufman, Law Office of Hannah Bentley, San Francisco, CA, for plaintiffs-appellants.

Helen G. Arens, Deputy Attorney General, Los Angeles, CA, for defendants-appellees Ann Veneman, Michael Chrisman, and California Department of Food and Agriculture.

Michael C. Johnson, Assistant United States Attorney, Los Angeles, CA, for defendants-appellees Richard E. Rominger and United States Department of Agriculture.

Before: KOZINSKI and LEAVY, Circuit Judges, and SCHWARZER, District Judge.

OPINION

PER CURIAM.

For 20 years, California has waged war on the Mediterranean Fruitfly, a pest that threatens much of the state's agricultural output. A major weapon in the war has been the spraying of rural counties from the air with the pesticide malathion.

Valerie Dufresne is a resident of Riverside County who claims she was injured by malathion spraying in 1994. According to Dufresne, she left home on doctor's orders before the spraying began...

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