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UNION CARBIDE AGR. PRODUCTS CO. v. RUCKLESHAUS

No. 76 Civ. 2913 (RO).

571 F.Supp. 117 (1983)

UNION CARBIDE AGRICULTURAL PRODUCTS CO., INC., et al., Plaintiffs, v. William D. RUCKLESHAUS, as Administrator of the United States Environmental Protection Agency, et al., Defendants.

United States District Court, S.D. New York.

July 28, 1983.

Attorney(s) appearing for the Case

McKenna, Conner & Cuneo, Washington, D.C., Arthur, Dry & Kalish, New York City, for plaintiffs; John D. Conner, Kenneth W. Weinstein, Robert A. Anthony, Washington, D.C., Sidney P. Howell, Alan C. Zetterberg, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendants; Michael H. Dolinger, Asst. U.S. Atty., New York City, Marcia Mulkey, Environmental Protection Agency, Washington, D.C., of counsel.

OPINION AND ORDER

OWEN, District Judge.

This action arises out of a challenge to the constitutionality of certain aspects of the 1978 amendments to the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. §§ 136-136y. Specifically, plaintiffs object to the requirement that they disclose their testing data to the public (the "disclosure" provisions) and a second requirement that allows competitors to use such data in support of...

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