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Pax Co. of Utah v. United States

Citation: 2 ELR 20087
No. No. 643-70, 454 F.2d 93/3 ERC 1591/(10th Cir., 01/26/1972) Rev'd & remanded

Preliminary injunction of administrative cancellation of registration proceedings, which were initiated under FIFRA against weed and pest killers containing arsenic trioxide, is set aside. Until the actual decision to cancel or not to cancel the registration is made, there is no irreparable injury justifying the injunction. If cancellation does result, plaintiff manufacturer may seek judicial review in the court of appeals. The administrative regulations governing cancellation proceedings are valid except that the registrant who requests submission of the issues to an advisory committee cannot be required to make a cash deposit to secure his payment of the committee's costs should it decide against him.

Counsel for Plaintiff
I. Daniel Stewart
Donald B. Holbrook
Jones, Waldo, Holbrook and McDonough
800 Walker Building
Salt Lake City, Utah 84111

Counsel for Defendant
Carl Eardley Deputy Asst. Attorney General
Ronald R. Glancz Attorney
Department of Justice
Washington, D.C. 20530

Before PHILLIPS, HILL and DOYLE, Circuit Judges.