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SCHOENHOFER v. McCLASKEY

No. 16-3226.

861 F.3d 1170 (2017)

Mary Ann SCHOENHOFER; Autumn L. Johnson; Ralph Rogerson, Plaintiffs-Appellants, v. Jackie McCLASKEY, in her official capacity as Secretary of the Department of Agriculture of the State of Kansas, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED July 3, 2017.

Attorney(s) appearing for the Case

James T. McIntyre , Law Offices of James T. McIntyre, Wichita, Kansas, for Plaintiffs-Appellants.

John Wesley Smith , Assistant Attorney General, Office of the Attorney General Derek Schmidt, Topeka, Kansas, for Defendant-Appellee.

Before HARTZ, MATHESON, and McHUGH, Circuit Judges.

Plaintiff Ralph Rogerson, a licensed pest-control applicator in Kansas, challenges a regulation of the Kansas Department of Agriculture, Kan. Admin. Regs. § 4-13-26 (2003), on the ground that it requires excessive pesticide treatment in preconstruction applications.1 He filed suit for declaratory...

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