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BIOGANIC SAFETY BRANDS, INC. v. AMENT

No. 01-B-1808.

174 F.Supp.2d 1168 (2001)

BIOGANIC SAFETY BRANDS, INC., Plaintiff, v. Don AMENT, Colorado Commissioner of Agriculture, Defendant.

United States District Court, D. Colorado.

November 20, 2001.

Attorney(s) appearing for the Case

M. Miller Baker, Richard B. Rogers, Michael S. Nadel, McDermott, Will and Emery, Washington, DC, Timothy O'Neil, Snell & Wilmer, LLP, Denver, CO, for Plaintiff.

David L. Joeris, Attorney General's Office, Denver, CO, for Defendant.

Memorandum Opinion and Order

BABCOCK, Chief Judge.

Plaintiff Bioganic Safety Brands, Inc. (Bioganic) seeks injunctive and declaratory relief based on the following claims: 1) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preemption; 2) 42 U.S.C. § 1983 Claim — First Amendment Violation; and 3) § 1983 — Dormant Commerce Clause Violation. I conclude that pursuant to Fed.R.Civ.P. 65(a)(2) consolidation of the preliminary...

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