Mobay Chem. Corp. v. Costle, 439 U.S. 320 (1979)

Mobay Chemical Corp. v. Costle


No. 78-308


Decided January 8, 1979
439 U.S. 320

ON APPEAL FROM TE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI

Syllabus

Appeal from a three-judge District Court’s judgment rejecting appellant’s constitutional attack on § 3 of the Federal Insecticide, Fungicide, and Rodenticide Act, governing registration of pesticides, is dismissed for want of jurisdiction, where it appears that the attack was, as a legal matter, on agency practice, not on the statute, and thus that the three-judge court was improperly convened.