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POUND v. AIROSOL CO., INC.

Civil Action No. 02-2632-CM.

440 F.Supp.2d 1241 (2006)

Robert J. POUND and Pro Products, Inc., Plaintiffs, v. AIROSOL COMPANY, INC., et al., Defendants.

United States District Court, D. Kansas.

July 19, 2006.

Attorney(s) appearing for the Case

Brett E. Nelson, Frederick D. Emhardt, George McCorkell Plews, Gregory M. Gotwald, Leonardo D. Robinson, Plews Shadley Racher & Braun, Indianapolis, IN, Jeffrey J. Simon, Ronald D. Marney, II, Husch & Eppenberger, LLC, Kansas City, MO, for Plaintiffs.

Aaron C. McKee, John W. Cowden, Paul S. Penticuff, Baker, Sterchi, Cowden & Rice, L.L.C., Kevin J. Odrowski, Kansas City, MO, Paul M. Croker, Richmond M. Enochs, Wallace, Saunders, Austin, Brown & Enochs, Chtd., Overland Park, KS, for Defendants.

MEMORANDUM AND ORDER

MURGUIA, District Judge.

On December 18, 2002, plaintiff Robert J. Pound brought several claims against several defendants regarding the sale and distribution of Black Knight, a pesticide manufactured by defendant Airosol Company, Inc. ("Airosol"). In one such claim, plaintiff Pound brought suit against Airosol under the citizen suit provision of the Clean Air Act, 42 U.S.C. § 7604(a)(1). On March 10, 2004, the court granted...

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