Legal Opinion

Murphy v. Benson

Court of Appeals for the Second Circuit

Decided October 1, 1959No. 270, Docket 25448PublishedCited by 6 opinions

1Opinion of the Court

LUMBARD, Circuit Judge.

Robert Cushman Murphy and six other home-owners in Nassau and Suffolk Counties, New York, brought this action in May of 1957 to enjoin the defendants, officials of the United States and the New York State governments from spraying *420their properties with DDT in solution as part of a federal government program to spray aerially Nassau and Suffolk Counties for the purpose of eradicating the gypsy moth. The plaintiffs’ bill alleged that the government activities purportedly authorized by Section 102 of the Department of Agriculture Organic Act of 1944, 58 Stat. 735, as…

2Cases cited6 opinions

  1. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  2. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  3. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  4. United States Ex Rel. Norwegian Nitrogen Products Co. v. United States Tariff CommissionSupreme Court of the United States · 1927
  5. Murphy v. BensonDistrict Court, E.D. New York · 1957

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3Cited by6 opinions

  1. Larry Flynt, Publisher v. Caspar W. Weinberger, Individually and as Secretary of DefenseCourt of Appeals for the D.C. Circuit · 1985
  2. Charles Casto v. The Arkansas-Louisiana Gas Company, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1979
  3. Sholly v. United States Nuclear Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1980
  4. Murphy v. BensonCourt of Appeals for the Second Circuit · 1959
  5. Steven Sholly and Donald E. Hossler v. United States Nuclear Regulatory Commission and United States of America, Metropolitan Edison Company, Intervenors. People Against Nuclear Energy v. United States Nuclear Regulatory Commission John Ahearne, Victor Gilinsky, Richard T. Kennedy, Joseph M. Hendrie, and Peter A. Bradford, in Their Individual Capacities and the United States of America, Metropolitan Edison Company, Jersey Power & Light Company, and Pennsylvania Electric Company, Intervenors. In Re People Against Nuclear EnergyCourt of Appeals for the D.C. Circuit · 1981

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