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INDUSTRIAL TRUCK ASS'N, INC. v. HENRY

Civil No. 94-1738-R (LSP).

909 F.Supp. 1368 (1995)

INDUSTRIAL TRUCK ASSOCIATION, INC., a District of Columbia corporation, and Mitsubishi Caterpillar Forklift America, Inc., a Delaware Corporation, Plaintiffs, v. Dr. Carol HENRY, Director of the Office of Environmental Health Hazard Assessment, and Daniel D. Lungren, Attorney General for the State of California, Defendants.

United States District Court, S.D. California.

June 21, 1995.

Attorney(s) appearing for the Case

Gary E. Cross, Dunaway & Cross, Washington, DC, William N. Kammer, Gray, Cary, Ware & Freidenrich, San Diego, CA, for plaintiffs.

Dennis A. Ragen, Deputy Attorney General, San Diego, CA, Carol R. Brophy, McKennan & Cuneo, Los Angeles, CA, for defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

RHOADES, District Judge.

The present case is before the Court on Defendants' motion to dismiss and Plaintiffs' motion for summary judgment. The Court heard oral argument on both motions on April 24, 1995. The Court also accepted amicus curie briefs filed on behalf of the organizations As You Sow and Coalition of Manufacturers for Responsible Administration...

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