ELR Citation: ELR 20032
No(s). 18478 (7th Cir. Jul 15, 1970)

On petition for rehearing the Seventh Circuit en banc here reconsiders its July 15, 1970, opinion, 1 ERC 1460, and reverses the district court order (N.D. Ill.) granting plaintiffs (agricultural products manufacturers) a preliminary injunction restraining the Secretary of Agriculture from enforcing his order deregistering 17 mercury fungicide products under the emergency provisions of the Federal Insecticide, Fungicide, and Rodenticide Act. The Seventh Circuit earlier held that the Secretary's action was arbitrary and capricious.

Counsel for Nor-Am Agricultural Products:
Holland C. Capper
Robert B. Gerrie
James H. Ryan
McBride, Baker, Wienke & Schlosser
110 North Wacker Drive, Suite 500
Chicago, IL 60606
(312) 346-6191

Counsel for Cliffort Hardin:
Harold M. Carter Director, Regulatory Division
Raymond Fullerton Attorney, Regulatory Division
Office of the General Counsel
Department of Agriculture
Washington, DC 20250
(202) 737-4142, ext. 2866

Before SWYGERT, Chief Judge, KILEY, FAIRCHILD, CUMMINGS, KERNER, and PELL, Circuit Judges.