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SAVE AMERICA'S VITAL ENVIRONMENT, INC. (SAVE) v. BUTZ

Civ. A. No. 17108.

347 F.Supp. 521 (1972)

SAVE AMERICA'S VITAL ENVIRONMENT, INC. (SAVE) et al. v. Earl BUTZ, Secretary of the United States Department of Agriculture, and Tommy Irvin, Commissioner of Agriculture of the State of Georgia.

United States District Court, N. D. Georgia, Atlanta Division.

September 8, 1972.

Attorney(s) appearing for the Case

Michael D. Padnos, Atlanta, Ga., for plaintiffs.

John W. Stokes, Jr., U. S. Atty., Charney K. Berger, Julian M. Longley, Asst. U. S. Attys., Atlanta, Ga., and Richard Studenny, Atty., U. S. Dept. of Agriculture, Washington, D. C., for defendant Butz.

Arthur K. Bolton, Atty. Gen. of Georgia, Larry D. Ruskaup, Asst. Atty. Gen., Atlanta, Ga., for defendant Irvin.

ORDER

EDENFIELD, District Judge.

On Labor Day afternoon, September 4, 1972, I was contacted at my home by counsel for plaintiffs and asked to consider a motion they wished to file for a temporary restraining order. Counsel represented that some airplanes loaded with a pesticide called Mirex were poised on their runways and about to embark on an aerial application program designed to control the imported fire ant (Solenopais sasvissima richteri), which...

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