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KAISER ALUMINUM AND CHEMICAL CORP. v. U. S. CONSUMER PRODUCT SAFETY COM'N

Civ. A. No. 76-44.

414 F.Supp. 1047 (1976)

KAISER ALUMINUM AND CHEMICAL CORPORATION, a corporation, Plaintiff, v. The UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION et al., Defendants.

United States District Court, D. Delaware.

May 27, 1976.

Attorney(s) appearing for the Case

Charles S. Crompton, Jr., Potter, Anderson & Corroon, Wilmington, Del., Arnold M. Lerman, and Ronald J. Greene, Wilmer, Cutler & Pickering, Washington, D. C., Max Thelen, Jr., Fredric C. Nelson, and Kennedy P. Richardson, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., Robert W. Turner, and Dennis M. Day, Kaiser Aluminum & Chemical Corp., Oakland, Cal., for plaintiff.

W. Laird Stabler, Jr., U. S. Atty., Wilmington, Del., Thomas S. Brett, and Edward B. Craig, IV, U. S. Dept. of Justice, Washington, D. C., Michael A. Brown, and David Schmeltzer, U. S. Consumer Product Safety Commission, Washington, D. C., for defendants.

OPINION

STAPLETON, District Judge:

On October 27, 1972, the Consumer Product Safety Commission ("CPSC" or "the Commission") was launched pursuant to the Consumer Product Safety Act ("CPSA" or "the Act"). The CPSC was given regulatory authority over "consumer products" as defined in the Act.1 That regulatory authority included the power to "collect, investigate, analyze, and disseminate injury data, and information" regarding...

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