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LLOYD A. FRY ROOFING CO. v. UNITED STATES E. P. A.

No. 76 CV 230 W-4.

415 F.Supp. 799 (1976)

LLOYD A. FRY ROOFING COMPANY, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al., Defendants.

United States District Court, W. D. Missouri, W. D.

June 25, 1976.

Attorney(s) appearing for the Case

Thos. J. Leittem, John H. Altergott, Jr., Shuggart, Thomson & Kilroy, Kansas City, Mo., for plaintiff.

Albert D. Hoppe, Asst. U. S. Atty., Kansas City, Mo., Henry F. Rompage, Environmental Protection Agency, Kansas City, Mo., Bruce J. Chasan, Atty., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM AND ORDER DISMISSING CAUSE

ELMO B. HUNTER, District Judge.

This action for declaratory and injunctive relief was brought pursuant to provisions of the Administrative Procedure Act, 5 U.S.C. § 701 et seq., the Declaratory Judgment Act, 28 U.S.C. § 2201, and the Clean Air Act of 1970, 42 U.S.C. § 1857 et seq. Plaintiff asserts jurisdiction under 28 U.S.C. § 1331(a) on the ground that...

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