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DOW CHEMICAL CO. v. U. S., BY AND THROUGH GORSUCH

Civ. No. 78-10044.

536 F.Supp. 1355 (1982)

The DOW CHEMICAL COMPANY, Plaintiff, v. UNITED STATES of America, By and Through Anne M. GORSUCH, Administrator, Environmental Protection Agency, Defendants.

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

April 19, 1982.

Attorney(s) appearing for the Case

Jane M. Gootee, John Gleeson, Bernd W. Sandt, Haskell H. Shelton, Midland, Mich., for Dow Chemical Co.

Jose R. Allen, Dept. of Justice, J. Daniel Berry, EPA, Washington, D. C., for EPA.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

I. Introduction

This case involves a constitutional and statutory challenge to the use of warrantless aerial photography of a chemical manufacturing plant by the Environmental Protection Agency (EPA). The Dow Chemical Company (Dow) asserts that this activity by the EPA constitutes an unreasonable search in violation of the Fourth Amendment, a taking and misappropriation of trade...

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