N.J., I.F.R. 1301-1350
                                     Issued  October  1974
UNITED STATES  ENVIRONMENTAL PROTECTION AGENCY
        ENFORCEMENT AND GENERAL COUNSEL
          OFFICE OF GENERAL  ENFORCEMENT
          PESTICIDES ENFORCEMENT DIVISION
     NOTICES OF JUDGMENT  UNDER THE  FEDERAL
    INSECTICIDE,  FUNGICIDE, AND  RODENTICIDE ACT
                    NOS.  1301-1350
    Notices of Judgment report cases  involving seizure  actions
taken against products alleged to be in violation, and criminal and
civil actions taken against  firms or  individuals  charged  to be
responsible for violations. The following  Notices of Judgment are
approved for publication as provided in Section 16(d) of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C.
136n).
Alan G. Kirk  II
Assistant Administrator for
Enforcement and  General Counsel

Washington,  D.C.

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1301. EPA v. Central Chemical Corp., EPA Region III, March
     20, 1974. (I.F.&R. Nos. 111-7 and  23, I.D. Nos. 69320 and
     104404.)

This  was a civil action charging the respondent with violating the
Federal  Insecticide, Fungicide,  and Rodenticide  Act,  7  U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E); 136(q}(1)(G); and  135a(a)(l). The
action pertained to shipments made on April 30 and May 4,  1973,
from  Hagerstown,   Maryland,  to  Butler  and  Mercersburg,
Pennsylvania.  The pesticides  involved   were  FARMRITE   DRY
POWDERED ARSENATE/LEAD and URAB GRANULAR BRUSH
& WEED KILLER; charges included nonregistration, claims made for
product  differed in substance  from  the representations made in
connection with its registration, and misbranding—lack of adequate
warning or caution statement on labels.

The  respondent  signed a Consent Agreement. The  Final  Order
assessed a civil penalty of $1,150.00.
1302. EPA v. Monsey Products Co., EPA Region III, May 20,
     1974. (I.F.&R. No. 111-32, I.D. No. 104252.)

This was a civil action charging the respondent with violating the
Federal  Insecticide, Fungicide,  and  Rodenticide Act, 7  U.S.C.
135a(a)(l);  135b;  136j(a)(l)(E); and  136(q)(2}(A).  The  action
pertained  to a shipment made on May 29,  1973, from Kimberton,
Pennsylvania, to Hagerstown, Maryland. The pesticide involved was
MONSEY L-ll CREOSOTE WOOD PRESERVING COMPOUND;
charges   included   nonregistration   and  misbranding—lack  of
adequate  ingredient statement on labels.

The respondent  signed a  Consent Agreement.  The  Final Order
assessed a civil penalty of  $1,200.00.
1303. Plantabbs Corp, EPA Region III, June 3,1974. (I.F.&R. No.
     III-46C, I.D.  No. 104283.)

This  was a civil action  in which the respondent was charged with
violating the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 136j(a)(l)(E); 136(q)(l)(A); and 136(c)(l). The action pertained
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to a product held for distribution or sale on October 4, 1973, at
Plantabbs Corp., Timmonium, Maryland. The pesticide involved was
PLANTABBS HOUSE PLANT INSECTICIDE;  charges  included
misbranding and  adulteration—strength  or  purity fell  below the
professed standard of quality represented in labeling.

The  respondent signed  a  Consent Agreement. The Final  Order
assessed a  civil penalty of  $500.00.
1304.  EPA v.  Crest  Chemical Company,  EPA  Region IV,
     February 15,1974. (I.F.&R. No. IV-3C, I.D. No$. 88289 and
     88293.)

This  was a civil action charging the  respondent with violating the
Federal Insecticide,  Fungicide,  and  Rodenticide  Act,  7  U.S.C.
135(a)(l);  135b; and  135a(a)(l). The  action pertained to shipments
made on December 13, 1972, and February 14, 1973,  from Olds-
mar, Florida, to Hickory, North Carolina. The pesticides involved were
CEDAR SCENTED MOTH KILLER and KILLS MILDEW; charges
included  nonregistration  and  composition differed  from that  re-
presented in connection with its registration.

The respondent neither admitted nor denied  the facts and charges
alleged in the Civil Complaint, but consented to pay a civil penalty
of $1,600.00.
1305. EPA v. White Laboratories, EPA Region IV, May 9,1974.
     (I.F.&R. No. IV-15C, I.D. Nos. 88240 and 88122.)

This  was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide,  and  Rodenticide  Act,  7 U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E); 136(q)(l)(G); and 136(q)(2)(Q(V). The
action pertained to shipments made on November 9 and  December
8, 1972, from Orlando,  Florida, to Charlotte, North Carolina, and
Knoxville,  Tennessee. The  pesticide involved was  XI4  INSTANT
MILDEW REMOVER;  charges  included nonregistration and  mis-
branding—lack of adequate warning or caution statement on labels.

A civil penalty of $1700.00 was assessed by Default Order.
                            831

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1306. EPA v. Ket-San Products  Co., EPA Region IV, June 2,
     1974. (I.F.&R. No. IV-71C, I.D. No. 95674.)

This was a civil action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide  Act,  7 U.S.C.
136j(a}(l)(E) and 136(q)(l)(G). The action pertained to a product held
for distribution or sale on November 29, 1973, at Kel-San Products,
Inc.,  Knoxville, Tennessee. The pesticide involved was BIG K  PINE
DISINFECTANT;  the charge was misbranding—lack of adequate
warning or caution statement on labels.

The  respondent  signed a Consent Agreement. The Final Order
assessed a civil penalty of $300.00.
1307. U.S. v. William Breton and Gro Chemical Company, U.S.
     District Court, Southern District of Florida, Criminal No.
     74-201-CR-PF, May 15, 1974. (I.F.&R. No. 1295,1.D. Nos.
     86506, 86507, 86508, 86509, and 86510.)

This was a criminal action prepared by EPA charging the defendant
in a 15 count indictment with violating the Federal Insecticide,
Fungicide,  and Rodenticide Act, 7  U.S.C.  135a(a)(l). The  action
pertained to shipments made  on June 2 and 26, and August 21,
1970,  from  Miami, Florida,  to Houston,  Texas.  The  pesticides
involved were CHINCH  LAWN SPRAY, SUPER CHINCH LAWN
SPRAY WITH  DDT BHC DIAZION, SUPER  CHINCH  LAWN
SPRAY WITH DDT BHC ETHION, SUPER CHINCH LAWN SPRAY
WITH  DDT  BHC TRITHION,  and DO IT YOURSELF  TERMITE
KILLER; the  charge was nonregistration.

The  defendant entered  a plea  of not guilty. The jury found the
defendants guilty on counts 3, 6,9,12, and 15. The remaining counts
were dismissed.

A fine  of $5000.00 was levied. Mr. Breton, an officer of the firm,
and Gro Chemical Co. were each fined $2500.00 on the same counts.
 1308. EPA v. Chemed Corporation, EPA Region V, October 15,
     1973. (I.F.&R, No. V-007C, I.D. No. 102454.)
                           832

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This was a civil action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide  Act,  7  U.S.C.
135a(a)(l);  135b;  136j(a)(l)(E);  and  136(q)(l)(A).  The  action
pertained to shipments made on October 27 and November 8, 1972,
from Sharonville, Ohio, to Davenport, Iowa.  The pesticide involved
was DUKLOR; charges included nonregistration and misbranding—
labels bore a false or misleading registration number implying that
the product was registered.

The respondent signed  a  Consent  Agreement.  The  Final Order
assessed a civil penalty of $2,500.00.
1309. EPA v. Erbrich Products Company, Inc., EPA Region V,
     October 16, 1973.  (I.F.&R.  No. V-002C, I.D. No. 87122.)

This was a civil action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide  Act, 7  U.S.C.
136j(a)(l)(E) and 136(q)(l)(G). The action  pertained to a shipment
made on March 12, 1973, from Indianapolis, Indiana, to Champaign,
Illinois. The  pesticide involved was JANCO; the charge was mis-
branding—lack of adequate warning or caution statement on labels.

The  respondent signed  a Consent Agreement. The  Final Order
assessed a civil penalty of $550.00.
1310.  EPA  v.  Knox Fertilizer and  Chemical  Company, EPA
     Region V, October 31, 1973. (I.F.&R. No. V-006C, I.D. No.
     93771.)

This  was a civil action charging the respondent with violating the
Federal Insecticide,  Fungicide, and  Rodenticide Act,  7 U.S.C.
136j(a)(l)(E); 136(c)(l); and  136(q)(l)(A). The action pertained to a
shipment made on  February 21, 1973,  from Knox,  Indiana,  to
Lansing, Michigan.  The pesticide involved  was  WONDER GRO
MAGIC   GARDENER;  charges   included   adulteration  and
misbranding—strength or purity fell below the professed standard
of quality as expressed on its labeling.

The  respondent  signed  a Consent  Agreement.  The  Final  Order
assessed a civil penalty of $375.00.
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1311.  EPA  v. Frank  J.  Cur ran  Co.,  Guarantor for F. W.
     Woolworth Co., EPA Region V, November 1,1973. (I.F.&R.
     No. V-0012C, I.D. No. 93721.)

This was a civil action charging the respondent  with violating the
Federal Insecticide,  Fungicide, and Rodenticide  Act,  7  U.S.C.
135a(a)(1) and 135b. The action pertained to a shipment made on
October 24, 1972, from Chicago, Illinois, to Fairmont, Minnesota.
The pesticide involved was SCENTED MOTH CRYSTALS CURRAN
OLD FASHIONED ROSE; the  charge was nonregistration.

The respondent signed a  Consent  Agreement.  The Final  Order
assessed a civil penalty of $425.00.
1312. EPA v. A. E. Staley Manufacturing Company, Inc., EPA
     Region V, November 19, 1973. (I.F.&R. No. V-022C, I.D.
     No. 87331.)

This was a civil action charging the respondent with violating  the
Federal  Insecticide, Fungicide,  and  Rodenticide  Act,  7  U.S.C.
135a(a)(l);  135b;   136j(a)(l}(E};  and  136(q)(l)(A).  The  action
pertained to a shipment made on January 23, 1973, from Chicago,
Illinois, to Ft. Wayne, Indiana. The pesticide involved was SNO BOL
LIQUID  DISINFECTING TOILET BOWL CLEANER;  charges  in-
cluded nonregistration and misbranding—labels bore a  false or mis-
leading registration  number implying that the product was registered.

The  respondent signed a  Consent  Agreement.  The  Final Order
assessed a civil penalty of $650.00.
1313. EPA v. Universal  Cooperatives, Inc., EPA Region V,
     November 27, 1973.  (I.F.&R. No. V-010C, I.D. No. 93823.)

This was a civil action charging  the respondent with violating the
Federal  Insecticide,  Fungicide,  and Rodenticide  Act,  7  U.S.C.
136j(a)(l)(E);  136(q){l)(A);  135(a)(a}{l);  and   135b.  The  action
pertained to a shipment made on April 23,1973, from Alliance, Ohio,
to Columbus,  Wisconsin.  The  pesticide  involved was  UNICO
VAPONA DAIRY SPRAY; charges included  nonregistration and
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misbranding—labels bore a false or misleading registration numbei
implying that the product was registered.

The  respondent  signed  a Consent Agreement.  The Final Order
assessed a civil penalty of $750.00.
1314.  EPA  v.  Universal Cooperatives, Inc., EPA Region V,
     November 27, 1973. (I.F.&R. No. V-017C, I.D. No. 69334.)

This  was a civil action  charging the respondent with violating the
Federal  Insecticide,  Fungicide  and  Rodenticide  Act,  7  U.S.C
136j(a)(l)(E)  and 136(q)(l)(G). The action  pertained to a  shipment
made on May 31, 1973, from Alliance, Ohio, to Baltimore, Maryland.
The pesticide involved was UNICO PREMIUM GRAIN FUMIGANT
NO. 2; the charge was misbranding—lack of adequate warning or
caution statement on labels.

The  respondent  signed a Consent  Agreement. The  Final Order
assessed a civil penalty of $500.00.
 1315. Universal Cooperatives, Inc., EPA Region V, November
     27, 1973. (I.F.&R. No. V-019C, I.D. No. 86934.)

 This was a civil action charging  the respondent with  violating the
 Federal  Insecticide,  Fungicide,  and Rodenticide Act,  7  U.S.C.
 136j(a)(l)(E);  136(qKl)(A); and  136(c)(l). The action pertained to a
 shipment  made  in  January,  1973,  from   Alliance,  Ohio,  to
 Indianapolis,  Indiana. The pesticide involved was UNICO GARDEN
 DUST; charges included adulteration and misbranding—strength or
 purity fell below the professed standard of quality represented in
 labeling.

 The respondent signed a  Consent Agreement.  The Final  Order
 assessed a civil penalty of $500.00.

 1316. EPA v. Hyde Oil Company, EPA Region V, December 4,
     1973. (I.F.&R.  No. V-020C, I.D. No. 101943.)

 This was a civil action charging  the  respondent with violating the
 Federal  Insecticide,  Fungicide,  and Rodenticide  Act, 7   U.S.C.
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135a(a)(l);   135b;   136j(a)(l)(E);  and   136(q)(l)(A).  The  action
pertained to a shipment made  on April 4,  1973, from Pipestone,
Minnesota,  to Mitchell, South Dakota. The pesticide involved was
GODRIN   AND  VAPONA   INSECTICIDE  READY-TO-USE
ANIMAL SPRAY SOLUTION; charges included nonregistration and
misbranding—labels bore a false or misleading registration number
implying that the product was registered.

The respondent  signed  a  Consent  Agreement. The  Final Order
assessed a  civil penalty of $500.00.
1317. EPA v. Farmers Seed and Nursery Company, EPA Region
     V, January 4, 1974. (I.F.&R. No. V-016C, I.D. Nos. 93756
     and 93759.)

This  was  a civil action charging the respondent with violating the
Federal Insecticide, Fungicide, and Rodenticide  Act,  7  U.S.C.
135a(a)(l);  135b;   136j(a)(l)(E);  and  136(q)(l)(G).  The  action
pertained to a shipment made on February 1, 1973, from Faribault,
Minnesota,  to  Chicago,  Illinois.  The  pesticides involved were
ALASKA  DEODORIZED FISH FERTILIZER and ROSS SYSTEMIC
INSECTICIDE CARTRIDGES; charges included nonregistration and
misbranding—lack  of adequate warning or caution  statement on
labels and claims made for product  differed in  substance from the
representations made in connection with its registration.

The  respondent signed a Consent  Agreement. The Final Order
assessed a civil penalty of $1000.00.
1318. EPA v. Hooker Paint Manufacturing Company, Inc., EPA
     Region V, January 4, 1974. (I.F.&R. No. V-027C, I.D. No.
     87314.)

This  was a civil action charging the respondent with violating the
Federal Insecticide,  Fungicide,  and  Rodenticide  Act,  7  U.S.C.
135a(a)(l); 135b;  and  136j(a)(l)(E).  The  action pertained to a
shipment made on May 4, 1974, from Chicago, Illinois, to Brookfield,
Wisconsin. The pesticide involved was PATIO TORCH FUEL; charges
included   nonregistration  and  misbranding—lack  of  adequate
warning statements and lack of an ingredient statement on labels.
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The respondent  signed  a Consent Agreement.  The Final  Order
assessed a civil penalty of $350.00.
1319. EPA v. Carmel Chemical Corporation, EPA Region Vr
     January 10,  1974.  (I.F.&R. No, V-009C, I.D. No. 92820.)

This was a civil action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide  Act,  7  U.S.C.
136j(a)(1J(E);  136[q)(l)(A}; and 136(c)(l). The action  pertained to a
shipment made on  Apiil 6,  1973, from Westfield, Indiana, to San
Jose,  California. The  pesticide involved  was FORMULA GH-19;
charges included adulteration and misbronding—strength or  purity
fell below the professed  standard of qualtiy as expressed  on its
labeling.

The Default Order  assessed a civil penalty of $600.00.
1320. EPA v. Wetch Chemical, Inc., EPA Region V, January 18,
     1974. (I.F.&R. No. V-021C, I.D. No. 92598.)

This  was a civil action charging the respondent with violating the
Federal Insecticide,  Fungicide, and Rodenticide Act,  7  U.S.C.
135a(o)(2}[d); 136j(a)(l)(E); 136(q)(lKA);  136(q)(l)(G); and 136(c)(1).
The action  pertained to a shipment made on November 21,  1972,
from  Dilworth, Minnesota,  to  Devils  Lake,  North  Dakota.  The
pesticide involved was WETCH'S NEW DIPHACIN KILLS RATS &
MICE ANTICOAGULANT BAIT; charges included misbranding and
adulteration—strength  or purity feH  below the  standard of quality
represented in labeling and labels failed to bear the  registration
number assigned.

The  respondent  signed a  Consent  Agreement.  The  Final  Order
assessed a civil penalty of $50.00.
 1321. EPA v. Boron Oil Company, Inc., EPA Region V, January
     25, 1974. (I.F.&R. No. V-023C, I.D. No. 69110.)
                            837

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This was a civil action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide  Act,  7  U.S.C.
135a(a)(1); 135b; 136j[a)(l)(E}; 136(q)(l)(G); 136(q)(2)(A); and 135(o).
The action pertained to a shipment made on February 26, 1973, from
Cleveland,  Ohio,  to  Cheimsford,  Massachusetts.  The pesticide
involved   was   BORON   GARDEN   LITE;  charges   included
nonregistration  and misbranding—lack of adequate warning or
caution  statement and  lack of adequate ingredient  statement on
labels.

The respondent  signed a Consent  Agreement.  The  Final  Order
assessed a civil penalty of $500.00.
1322.  EPA v.  Federal Chemical  Co.,  Inc. EPA  Region  V,
     February 25, 1974. (I.F.&R. No. V-025C, I.D. No. 88131.)

This  was a civil action  charging the respondent with violating  the
Federal Insecticide,  Fungicide,  and  Rodenticide  Act,  7  U.S.C.
136j(a)(l)(E); 136(q}(1)(A); and 136(c)(2). The action pertained to a
shipment made on February 16, 1973, from Columbus,  Ohio, to
Nashville, Tennessee. The pesticide involved was  FEDERAL  NEW
IMPROVED LAWN  MASTER WEED AND FEED WITH SILVEX;
charges included adulteration and misbranding—product contained
an additional active ingredient not named on the label and another
substance had been  substituted wholly or  in part for the named
ingredient.

The  respondent  signed a Consent  Agreement.  The  Final Order
assessed a civil penalty of $700.00.
1323. EPA v. Satellite Industries, Inc., EPA Region V, March 4,
     1974. (I.F.&R. No. V-030C, I.D. No. 94870.)

This was a civil action  charging the respondent with violating the
Federal Insecticide,  Fungicide,  and  Rodenticide  Act,  7  U.S.C.
135a(a}(l); 135b; 136j(a)(l)(E); 136(q)(l)(G); and  136(q}(2)(A). The
action  pertained to a shipment  made on February 5, 1973,  from
Minneapolis, Minnesota, to Atlanta, Georgia. The pesticide involved
was FRESH WAY CHEMICAL TOILET DEODORIZER; charges in-
cluded nonregistration and misbranding—lack of adequate warning
                            838

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or caution statement and lack of adequate ingredient statement on
labels.

The  respondent  signed a Consent  Agreement.  The  Final Order
assessed a civil penalty of $800.00.
1324. EPA v. Sears Roebuck & Co., EPA Region V, March  18,
     1974. (I.F.&R. No. V-026C, I.D. No. 93699.)

This was a civil action  charging the respondent with violating  the
Federal Insecticide,  Fungicide, and  Rodenticide  Act,  7  U.S.C.
135a(a)(l}; 135b; 136j(a)(l)(E); 136(q)(l)(G); and 136(q)(2)(A). The
action pertained to a shipment made on March 29, 1973, from Minn-
eapolis, Minnesota, to Tomah, Wisconsin. The pesticide involved was
AQUA BOWL CLEANER; charges included  nonregistration  and
misbranding—lack of adequate warning or caution statement and
lack  of  adequate ingredient statement on  labels.

The  respondent  signed a Consent  Agreement. The  Final Order
assessed a civil penalty of $3000.00.
 1325. EPA v. E. H. Leitte Company, Inc., EPA Region V, April
     3, 1974. (I.F.&R. Nos. V-035C and V-041C, I.D. Nos. 93976
     and 93978.)

 This was a civil action charging the respondent with violating the
 Federal  Insecticide,  Fungicide,  and  Rodenticide  Act, 7  U.S.C.
 136j(a)(l)(E); 135a(a)(l);  136(q)(l)(G); and  136(q)(l){A). The action
 pertained  to products  held for distribution  or safe on  August 21,
 1973, at E.  H. Leitte  Company, Inc., Lake Elmo,  Minnesota.  The
 pesticides involved were  LEITTE PYRENONE AEROSOL FOG  and
 LEITTE  PYRENONE  MILL  AND  ELEVATOR SPRAY;  charges
 included claims made for the product differed in substance from the
 representations made in  connection with its registration and mis-
 branding—lack  of adequate  warning  or  caution statement  and
 labeling bore a statement as to the safety of the product that was
 false or misleading.

 The  respondent signed a Consent  Agreement. The  Final Order
 assessed a civil penalty of $500.00.
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1326. EPA v. Agro-Chem, Inc., EPA Region V, April 26, 1974.
     (I.F.&R. No. V-028C, I.D. No. 101888.)

This was a civil action charging the respondent with violating the
Federal  Insecticide, Fungicide, and  Rodenticide  Act, 7  U.S.C.
135a(a)(1). The action pertained to a shipment made on March 21,
1973, from  Chicago, Illinois, to Denver, Colorado. The pesticide
involved   was   AMESCO  GROW-CONTROL  18-4-8  WITH
CRABGRASS PREVENTER; charges included the claims made for
the product and the directions for its use differed in substance from
the representations made in connection with its registration.

A civil penalty of $550.00 was assessed by Default Order.
1327. EPA v. Stem Distributing Company, EPA Region V, May
     10, 1974.  (I.F.&R. No. V-057C, I.D. No. 102201.)

This was a civil action  charging the  respondent with violating the
Federal Insecticide,  Fungicide,  and  Rodenticide Act, 7  U.S.C.
135a(a)(l) and  135b. The action pertained  to a shipment made in
May 1973, from Maple Heights, Ohio, to Shawnee Mission, Kansas.
The  pesticide   involved   was  BUG-OFF;   the   charge  was
nonregistration.

The respondent signed a Consent  Agreement.  The  Final Order
assessed a civil penalty of $750.00.
 1328. EPA v. The Andersons, EPA Region V, May 20, 1974.
     (I.F.&R. No. V-039C, I.D. No. 102167.)

 This was a civil action charging the respondent with violating the
 Federal  Insecticide,  Fungicide, and  Rodenticide  Act,  7 U.S.C.
 135a(a)(l);  135b;  136(q)(l)(A);  and  136j(a)(l)(E).  The action
 pertained to a shipment made on February 28; 1973, from Maumee,
 Ohio, to Kansas City, Missouri. The pesticide involved was GREEN
 TURF FERTILIZER  PLUS  WEED  CONTROL; charges  included
 nonregistration and misbranding—labels bore a false or misleading
 registration number implying that product was registered.
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The respondent signed  a Consent Agreement. The  Final  Order
assessed a civil penalty of $900.00.
1329. EPA v. The Dolphin Paint & Chemical Co., EPA Region
     V, May 20, 1974. (I.F.&R. No. V-054C, I.D. Nos. 94101,
     94106, 94107,  94108, and 94112.)

This was a  civil  action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide  Act,  7  U.S.C
136j(a)(l)(E) and 136(q}(l)(G}. The action pertained to products held
for distribution or sale on September 11,  1973, at The Dolphin Paint
&  Chemical Co., Toledo,  Ohio. The  pesticides  involved were
DOLFINITE 9142 COPPER BRONZE BOTTOM PAINT, DOLFINITE
COLORPAC 9308 BLACK, DOLFINITE COLORPAC 9306  LIGHT
GREEN, DOLFINITE COLOR-PAC 9304 DARK  GREEN,  and
DOLFINITE COLORPAC 9301  TURQUOISE; the  charge  was
misbranding—lack of adequate  warning or caution statements on
labels.

The  respondent  signed a  Consent Agreement. The Final  Order
assessed a civil penalty of $1500.00.
1330. EPA v. Misco International Chemicals, Inc., EPA Region
     V, May 20, 1974. (I.F.&R. No. V-038C, I.D. No. 102283.)

This was a civil action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide Act, 7  U.S.C.
135a(a)(l);  135b;  136j(a)(l)(E);  and  136(q)(l)(G).  The  action
pertained to  a shipment  made  on September  7,  1973,  from
Wheeling, Illinois, to Wichita, Kansas. The pesticide involved was
ELIMINATE; charges  included nonregistration and misbranding—
lack of adequate warning or caution statement and lack of adequate
ingredient statement on labels.

The  respondent signed a  Consent  Agreement.  The  Final Order
assessed a civil penalty of $1875.00.
 1331. EPA v. The American Lubricants Company, EPA Region
     V, May 31, 1974. (I.F.&R. No. V-060-C, I.D. No. 115468.)
                           841

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This was a civil action charging the respondent with violating the
Federal  Insecticide, Fungicide,  and  Rodenticide Act, 7  U.S.C.
136j{a)(l)(E) and 136(q)(2}(Q(iii). The action pertained to a product
held  for distribution or sale on March 8, 1974,  at The American
Lubricants Company, Dayton,  Ohio.  The pesticide involved was
TIFFANY    WATER-REPELLENT     NO-MO-ROT    WOOD
PRESERVER; the charge was misbranding—labels failed to bear the
required statement of net weight or measure of content.

The respondent signed a Consent Agreement.  The  Final Order
assessed a civil penalty of $500.00.
1332. EPA v. Koos, Inc, EPA Region V, May 31, 1974. (I.F.&R.
     No. V-042-C, I.D. Nos. 93684 and 93685.)

This was a civil action in which the respondent was charged with vio-
lating the Federal Insecticide, Fungicide, and Rodenticide  Act, 7
U.S.C. 136j(a)(l)(E)  and  136(q)(l)(A).  The  action  pertained   to
shipments made on February 13  and 14,  1973,  from  Kenosha,
Wisconsin, to St. Louis Park, Minnesota. The pesticides involved were
C TO C WEED AND FEED 22.3.6 and C TO C LAWN FERTILIZER
WITH CRABGRASS CONTROL;  the charge was  misbranding—
labels of both products bore false  registration numbers.

The  respondent signed a Consent Agreement. The Final  Order
assessed  a civil penalty of $500.00.
1333. EPA v. Chase Products Company, EPA Region V, June
     4, 1974. (I.F.&R. No. V-032-C, I.D. No. 93719.)

This  was a civil action charging the  respondent with violating the
Federal  Insecticide, Fungicide,  and  Rodenticide Act, 7  U.S.C.
135a(a)(l);  135b;  136j(a)(l)(E);  and  136{q)(l)(A).  The  action
pertained  to a shipment made on April 18, 1973, from Broadview,
Illinois,  to Minneapolis,  Minnesota.  The  pesticide involved was
SUPPRESS WITH SPEARMINT AND  DOUBLEMINT;  charges
included   nonregistration   and  misbranding—label   bore   false
registration number implying that product was registered.
                            842

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The  respondent  signed  a Consent Agreement.  The Final Order
assessed a civil penalty of $750.00.
1334. U.S. v. Tropicals Research, U.S. District Court, Western
     District of Wisconsin, Criminal No. 73-CR-l, February 6,
     1973. (I.F.&R. No. V-8, I.D. Nos. 97745, 75915, 75916,
     101212, and 83471.)

This was a criminal action prepared by EPA Region V charging the
defendant in a 14 count information with  violating the Federal
Insecticide, Fungicide, and  Rodenticide Act, 7  U.S.C.  135a(a](l);
135a(a)(5); 135(z)(2)(d); 135(z)(2)(e); 135b(a); and 135f.  The action
pertained to shipments made on October 24, 1969; February 25 and
May 5, 1970; and January  18  and September  23,  1971,  from
Onalaska, Wisconsin,  to Decatur, Illinois; Denver, Colorado; and
Oakland,  California. The pesticides invloved were  STERILE DIP,
BACTICIDE  TROPICAL  FISH REMEDY,  and  BACTICIDE JR.;
charges  included   nonregistration  and  misbranding—lack  of
adequate  warning or caution statement and  lack  of  adequate
ingredient statement on  labels.

The defendant entered a plea of nolo contendere to counts 1, 6, 10,
and  12. The remaining counts were dismissed.

A fine  of $400.00 was levied.
1335.  U.S. v. U.S. Continental Labs, Inc., U.S. District Court,
     Southern District of Texas, Criminal No. 73-H-284, July 19,
     1973. (I.F.&R.  No. VI-19, I.D.  Nos. 96131,  100591  and
     87825.)

This was a criminal action prepared by EPA Region VI charging the
defendant  in a  9 count information  with  violating  the  Federal
Insecticide, Fungicide, and  Rodenticide Act, 7 U.S.C.  135a(a)(l};
135b(a}; 135(z)(2)(k);  135U)(2)(i); and 40 C.F.R. 162.6(c)(2), 162.7a,
162.7d,  and  162.9.  The action pertained  to  shipments made on
December 10, 1971; and May 30, June 7, and June 13, 1972, from
Houston, Texas,  to Metairie,  Louisiana; Nashville, Tennessee; and
Dedham,  Massachusetts. The  pesticides involved were MINUTE
MILDEW REMOVER and MILDEW REMOVER; charges included
                            843

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nonregistration and misbranding—lack of adequate  warning or
caution  statement and  lack of adequate ingredient statement on
labels.

The  defendant entered  a  plea  of  guilty on  three  counts of
nonregistration. The remaining counts were dismissed.

A fine of $2,300.00 was  levied. The firm was placed on one year
probation with $2,000.00 of the fine being suspended.
1336. EPA v. Thompson-Hay ward Chemical Company, EPA
     Region VII, April 11, 1974. (I.F.&R. No. VI1-31C, I.D. No.
     90133.)

This  was a civil action charging the  respondent with violating the
Federal  Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136j;
1361 (a); and 135a(a)(l).  The action pertained to a shipment made
on January 26, 1973, from Kansas City, Kansas, to Kansas City,
Missouri. The pesticide involved was  DE PESTER CHLORDANE E-
4; the charge was claims made for the product differed in substance
from the representations made in  connection with its registration.

The  respondent  signed  a  Consent Agreement.  The Final  Order
assessed a civil penalty of  $1000.00.
1337. EPA v. San Det Corporation, EPA Region VII, May 21,
     1974. (I.F.&R. No. VII-34C, I.D. No. 115210.)

This was a civil action charging the  respondent with  violating the
Federal  Insecticide, Fungicide,  and  Rodenticide Act,  7 U.S.C.
135a(a}(l) and 135b. The action pertained to a shipment made on
August 9, 1973, from Sumner, Iowa,  to South St. Paul, Minnesota.
The pesticide  involved was SAN DET  BOWL CLEANER; the charge
was nonregistration.

The respondent signed  a Consent  Agreement.  The Final Order
assessed a civil penalty of $350.00.
                            844

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1338. EPA v. Dr. Mayfield Laboratories, EPA Region VII, June
     4, 1974. (I.F.&R. No. VII-28C, I.D. Nos. 94484 and 102593.)

This  was a civil action charging the respondent with violating the
Federal  Insecticide,  Fungicide, and Rodenticide  Act, 7  U.S.C.
135a(a)(l);  135b;  136(j)(a)(l)(E); and  135(q)(l)(A).   The  action
pertained to a shipment made on March 20, 1973, from Charles City,
Iowa, to Blooming Prairie, Minnesota, and  to  a product held for
distribution  or  sale   on   November  7,   1973, at Dr.  Mayfield
Laboratories in Charles City, Iowa. The pesticides involved were DR.
MAYFIELD WATER SOLUBLE WARFARIN and DR.  MAYFIELD
WARFARIN CONCENTRATE; charges  included  nonregistration,
directions   for  use  on  the  labels   differed  in substance  from
representations  made in   connection with  its registration, and
misbranding—labels bore  incorrect registration  number.

The  respondent  signed a  Consent  Agreement. The  Final  Order
assessed a civil penalty of $300.00.
1339. U.S. v. Atlas Chemical Corporation, U.S.  District Court,
     District of Iowa, Criminal  No. 74-1, March  19,  1974.
     (I.F.&R. No. VII-2P,  I.D. Nos. 76782, 89474, 98748, 99251,
     and 99617.)

This was a criminal action prepared by EPA Region VII charging the
defendant in a seventeen count information with violating the Federal
Insecticide,  Fungicide,  and Rodenticide Act,  7  U.S.C.  135a(a)(l);
135b(a);  135a(a)(5); 135(z)(l); 135(z)(2)(b);  135(z}(2)(C);  40 CFR
162.14(a)(5}; and  40  CFR  162.10(h). The   action pertained  to
shipments made on July 18, 1969;  February 8, March 31 and May
7, 1971; and May  5, 1972, from Cedar Rapids, Iowa, to Cincinnati,
Ohio;  Hammond,  Indiana;  Rochester, Minnesota,- and  Topeka,
Kansas.  The pesticide involved was  THE GIANT DESTROYER;
charges included nonregistration, claims made in labeling differed
in  substance   from  those  represented  in   connection  with  its
registration, and misbranding—lack of adequate directions for use
on  labels and labels bore  false or misleading  statements.

The defendant entered a  plea of  guilty to counts  3 and 11. The
remaining counts were dismissed.
                             845

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A fine of $200.00 was levied.
1340.  U.S. v. Thompson-Hay ward Chemical Company, U.S.
     District Court, District of Kansas, Criminal No. T-CR-1956,
     March 29, 1974.  (I.F.&R. No.  VII-5P, I.D.  Nos. 70206,
     85952, 90134, 92363, 99026, 99073, and 99076.)

This was a criminal  action prepared by EPA Region VII charging the
defendant in a sixteen count indictment with violating the Federal
Insecticide, Fungicide, and Rodenticide  Act, 7 U.S.C.  135a(a)(1);
135{z)(2)(d);  135b(a);  135a(a)(5);  135(z)(l);  135{y); 135(z)(2)(b);
135(z)(2)(e}; 135(z)(2)(c); 136j(a)(l)(C); 136j(a)(1)(B); 136(q)(l)(G); and
136j(a)(l)(E). The action pertained to shipments made on February
10, 1969; October 15, 1970; July 20, 1971; May 30 and Novem-
ber 9,  1972; and January 26, 1973, from Kansas City, Kansas, to
New Orleans, Louisiana; Kansas City,  Missouri; Edina,  Missouri;
Raytown,  Missouri; and  Kansas City, Missouri.  The  pesticides
involved were DE-PESTER DED WEED FOR LAWNS, DE-PESTER
GARDEN DUST,  DE-PESTER  CHLORDANE  E-4, DE-PESTER
TOMATO DUST, TH  DED-WEED LV-33 BRUSH KILL, DE-PESTER
CHLORDANE E-8, and DE-PESTER FRUIT TREE SPRAY; charges
included nonregistration, labeling differed in substance from that re-
presented in  connection  with  its  registration,  adulteration and
misbranding—contaminated with an additional active ingredient not
declared in labeling, lack of adequate warning or caution statement
and lack  of adequate directions  for use  on labels.

The defendant entered a plea of nolo contendere to counts  II, IV,
an XII. The remaining counts were dismissed.

A fine  of $2,500.00 was levied.
1341. EPA v. The Dune Company, EPA Region IX, April 9,1974.
     (I.F.&R. No. IX-40C, I.D. No. 92774.)

This was a civil action charging the respondent with violating the
Federal Insecticide, Fungicide,  and  Rodenticide Act,  7  U.S.C.
136j(a)(l)(A);  135a(a)(l);  and 135b.  The action  pertained to a
shipment made on October 15,  1973, from Calipatria, California,
                            846

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to  Somerton,  Arizona.  The  pesticide  involved  was PROKILL
LANNATE B.T. 2-2 DUST; the charge was nonregistration.

The  respondent signed a  Consent Agreement. The Final  Order
assessed a civil penalty of $5000.00.
1342. EPA v. Empire Chemical Company, EPA Region IX, April
     29, 1974. (I.F.&R. No. IX-46C, I.D. No. 92913.)

This  was a civil  action charging  the respondent with violating the
Federal  Insecticide,  Fungicide,  and Rodenticide Act,  7 U.S.C.
136j(a)(l)(E);  136(q)(l)(A); and 135a(a)(l). The action pertained to a
product held for  distribution or sale on September 25, 1974, at Em-
pire Chemical Co., Los Angles, California. The pesticide involved was
SC-10; charges included  composition differed from that represent-
ed in connection with its  registration and misbranding—label bore
false or misleading statements.

The  respondent  signed a  Consent Agreement.  The Final  Order
assessed a civil penalty of $750.00.
1343. EPA v. M. R. McClelland Sons, Inc., EPA Region X, July
     2,  1973. (I.F.&R. No. X-8, I.D. No. 75184.)

This  was a civil  action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide  Act,  7 U.S.C.
135a(a)(l); 135b;  136j(a)(l)(E); 136 (q)(l)(G); 136(q)(2)(A); 135(o);
and  136(q)(2)(C)(iii). The action pertained to a shipment made on
November  8,  1972,  from  Tacoma,   Washington, to  Mtssoula,
Montana.  The pesticide involved was FORMULA **B"; charges in-
cluded nonregistration and misbranding—lack of adequate warning
or caution statement, lack of adequate ingredient statement and lack
of net weight or measure of content statement on labels.

The  respondent  signed a  Consent Agreement.  The Final  Order
assessed a civil penalty of $100.00.
                            847

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1344. EPA v. Nuiife Fertilizers Division, Hygrade Food Prod-
     ucts Corporation, EPA Region X, July 2, 1973. (I.F.&R. No.
     X-9r  l.D. No. 103839.)

This was a civil action charging the respondent with violating  the
Federal  Insecticide, Fungicide, and  Rodenticide  Act,  7  U.S.C.
135a(a}(1) and 135b. The action pertained to a shipment made on
March 15, 1973, from Tacoma, Washington, to  Portland, Oregon.
The pesticide involved was NULIFE  IRON SULPHATE; the charge
was nonregistration.

The  respondent signed  a Consent  Agreement. The  Final Order
assessed o civil  penalty of $500.00.
1345. EPA v.  Pacemaker Corporation, EPA Region X, July 2,
     1973. (I.F.&R. No. X-10, l.D. Nos. 88234 and 88326.)

This was a civil action charging the respondent with violating the
Federal  Insecticide, Fungicide,  and  Rodenticide  Act, 7  U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E); 136(q}(l}(G); and 136{q)(2)(A).  The
action pertained to shipments made on July 26 and November 8,
1972, from Portland, Oregon, to  Charlotte, North Carolina,  and
Atlanta,  Georgia. The  pesticide  involved  was  PACEMAKER
CONCENTRATED   INSTRUMENT   DISINFECTANT;   charges
included  nonregistration  and misbranding—lack   of  adequate
warning or caution statement and lack of adequate ingredient state-
ment on labels.

The respondent  signed a  Consent Agreement. The  Final Order
assessed a civil penalty of $500.00.
1346. EPA v. Wine-Art Oregon, Inc., EPA Region X, March 4,
     1974. (I.F.&R. No. X-5C, l.D. No. 101990.)

This was a civil action charging the respondent with violating the
Federal  Insecticide, Fungicide,  and  Rodenticide  Act,  7  U.S.C.
135a(a)(l); 135b; 136j(a)(l)(E); 136(q)(1)(G); and 136(q)(l)(F). The
action pertained to a  shipment  made on  June 21, 1973,  from
Portland, Oregon to Denver, Colorado. The  pesticide involved was
WINE-ART   CHLORINE    STERILIZER;    charges    included
                           848

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nonregistration  and misbranding—lack  of  adequate warning  or
caution statement and lack of adequate directions for use on labels.

The respondent  signed  a Consent Agreement.  The Final Order
assessed a civil penalty of $50.00.
1347. EPA v. Pace National Corporation, EPA Region X, April
     3, 1974. (I.F.&R. No. X-4C, I.D. No. 93026.)

This  was a civil action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide  Act, 7  U.S.C
135a(a)(l); 135b; 136j(a)(l){E); 136(q)(l)(G); and  136(q)(l)(F).  The
action pertained to a shipment made on April 16, 1973, from Seattle,
Washington, to Fort Richardson, Alaska. The pesticide involved  was
MAGNOLIA WEED AND FEED; charges included nonregistration
and  misbranding—lack of adequate warning  or caution statement
and  lack of adequate directions for use on labels.

The  respondent  signed  a Consent Agreement.  The Final  Order
assessed a civil penalty of $1,000.00.
1348. EPA v. Alaska Fish Fertilizer Company, Inc., EPA Region
     X, May  10, 1974. (l.F.&R. No. X-6C, I.D. No.  103941.)

This was a civil action charging the respondent with violating the
Federal Insecticide,  Fungicide, and  Rodenticide  Act,  7 U.S.C.
135a(a)(l); 135b;  136j(a)(l)(E); 136(q)(l}(G); 136(q)(2)(A);and 135(o).
The action pertained to a shipment made on July 18, 1973, from Ren-
ton, Washington,  to  Portland, Oregon.  The pesticide involved was
ALASKA  DEODORIZED FISH  FERTILIZER; charges  included
nonregistration  and misbranding—lack of adequate warning
or  caution  statement  and  lack  of adequate ingredient
statement on labels.

The respondent  signed a  Consent  Agreement. The  Final  Order
assessed a civil penalty of $800.00.
 1349. EPA v. Olympic Stain Company, EPA Region X, May 29,
      1974. (I.F.&R. No.  X-7C, I.D. No. 93071.)
                            849

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This was a civil  action charging the  respondent with violating the
Federal insecticide,  Fungicide,  and  Rodenticide  Act,  7  U.S.C.
136j(a)(l}(E);  136(q)(l)(A); and 136(c)(l). The action pertained to a
product held for distribution or sale on  September 27,  1973, at
Comerco,  Inc., dba Olympic Stain Company, Seattle, Washington.
The pesticide involved was OLYMPIC POLAR WHITE; charges in-
cluded misbranding and adulteration—strength or purity of product
fell below that represented on its labeling.

The  respondent  signed a  Consent  Agreement.  The  Final  Order
assessed a civil penalty of $800.00.
1350. EPA v. Webfoot Fertilizer Co., Inc., EPA Region X, June
     3,  1974. (I.F.&R. No. X-9C, I.D. No. 103940.)

This was a civil action charging the respondent with violating the
Federal  Insecticide,  Fungicide,  and  Rodenticide Act, 7  U.S.C.
136j(a)(l)(E);  136(q)(l)(A);  and 136(c)(l). The action pertained to a
product  held for distribution or sale on November  29,  1973, at
Webfoot Fertilizer Co., Inc., Portland, Oregon. The pesticide involved
was WEBFOOT MOSS KILLER AND LAWN FOOD; charges in-
cluded misbranding and adulteration—strength or purity of product
fell below that represented on its labeling.

The respondent signed a Consent  Agreement.  The Final Order
assessed a civil penalty of $800.00.
                             850

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          Index  to  Notices of  Judgment 1301 -  1350

                                                    N.J.  No.

A. E. Stoley Mfg. Co., Inc. (Civil)                          1312
Agro-Chem,  Inc. (Civil)                                     1326
Alaska Fish  Fertilizer Company, Inc. [Civil)                  1348
American  Lubricants  Company,  The (Civil)                   1331
Andersons, The (Civil)                                      1328
Atlas Chemical Corporation (Criminal)                       1339
Boron Oil Company, Inc.  (Civil)                            1321
Carmel Chemical  Corporation (Civil)                         1319
Central Chemical  Corp. (Civil)                              1301
Chase  Products Company (Civil)                            1333
Chemed Corporation (Civil)                                 1308
Crest Chemical Company  (Civil)                            1304
Dolphin Paint & Chemical  Co., The  (Civil)                  1329
Dr. Mayfield Laboratories (Civil)                            1338
Dune Company, The (Civil)                                 1341
E. H. Leitte Company, Inc.  (Civil)                          1325
Empire Chemical  Company (Civil)                           1342
Erbrich Products Company, Inc. (Civil)                       1309
Farmers Seed and Nursery Company (Civil)                 1317
Federal  Chemical Co., Inc. (Civil)                           1322
Frank J.  Curran Co., Guarantor  For
   F. W.  Woolworth  Co. (Civil)                             1311
Hooker Point  Manufacturing  Company,  inc.
   (Civil}                                                   1318
Hyde Oil  Company  (Civil)                                  1316
Kel-San Products  Co. (Civil)                                1306
Knox Fertilizer and  Chemica! Company  (Civil)               1310
Koos, Inc. (Civil)                                           1332
M. R.  McClelland  Sons,  Inc.  (Civil)                         1343
Misco International Chemicals,  Inc. (Civil)                   1330
Monsey Products  Co. (Civi!)                                1302
Nulife  Fertilizers Division, Hygrade
   Food Products  Corporation (Civil)                         1344
Olympic  Stain Company (Civil)                             1349
Pace National Corporation (Civil)                           1347
Pacemaker Corporation (Civil)                              1345
Plantabbs Corp. (Civil)                                     1303
San  Det Corporation (Civil)                                1337
Satellite Industries, Inc. (Civil)                              1323
Sears Roebuck &  Co.  (Civil)                                1324
Stem Distributing  Company (Civil)                          1327
                               851

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Thompson-Hayward Chemical Company (Civil)                1336
Thompson-Hayward Chemical Company (Criminal)             1340
Tropicals Research (Criminal)                                 1334
U.S. Continental  Labs, Inc. (Criminal)                        1335
Universal Cooperatives, Inc. (Civil)                           1313
Universal Cooperatives, Inc. (Civil)                           1314
Universal Cooperatives, Inc. (Civil)                           1315
Webfoot Fertilizer Co., Inc. (Civil)                           1350
Wetch Chemical, Inc. (Civil)                                 1320
White  Laboratories (Civil)                                   1305
William Breton and  Gro Chemical  Company
  (Criminal)                                                1307
Wine-Art Oregon, Inc. (Civil)                                1346
                               852

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