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DISIMONE v. BROWNER

No. 96-70974.

121 F.3d 1262 (1997)

Barry S. DISIMONE and Donald H. Steuter, Petitioners, v. Carol M. BROWNER, in her official capacity as Administrator of the United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1997.

Attorney(s) appearing for the Case

David S. Baron, Tucson, AZ, for petitioners.

Karen L. Egbert, United States Department of Justice, Washington, DC, for respondent.

Before: PREGERSON, FERGUSON, and KLEINFELD, Circuit Judges.

FERGUSON, Circuit Judge:

Barry Disimone and Donald Steuter ("Petitioners") filed this action against the United States Environmental Protection Agency ("EPA"), asking this court to order EPA to disapprove an Arizona State Implementation Plan and reinstate a withdrawn Federal Implementation Plan. We hold that EPA acted in disobedience of an order of this court in withdrawing the federal plan and approving a state plan and we grant the petition.

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