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DOW CHEMICAL CO. v. TRAIN

Civ. A. No. 76-10087.

423 F.Supp. 1359 (1976)

The DOW CHEMICAL COMPANY, Plaintiff, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Defendant.

United States District Court, E. D. Michigan, N. D.

December 23, 1976.

Attorney(s) appearing for the Case

Terrence G. Linderman, John G. Gleeson, Dow Chemical Legal Dept., Midland, Mich., Joseph E. Stevens, Robert D. Youle, Kansas City, Mo., for plaintiff.

Jeffrey Axelrad, Catherine A. Ribnick, U.S. Dept. of Justice, Edward C. Gray, Environmental Protection Agency, Washington, D.C., Thomas M. Woods, Asst. U.S. Atty., Detroit, Mich., for defendant.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

This cause came on for a hearing on plaintiff's motion for a preliminary injunction limited to Counts One and Two of the Amended Complaint. Plaintiff alleges that the Administrator is violating the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. Plaintiff seeks injunctive relief prohibiting the Administrator:

1. From consideration or use of plaintiff...

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