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FIRESTONE TIRE & RUBBER CO. v. COLEMAN

Nos. C75-232A, C76-965 and C76-1053.

432 F.Supp. 1359 (1976)

The FIRESTONE TIRE AND RUBBER COMPANY, Plaintiff, v. William T. COLEMAN, Jr., et al., Defendants.

United States District Court, N. D. Ohio, E. D.

October 21, 1976.

Attorney(s) appearing for the Case

Patrick F. McCartan, Robert R. Weller, Irving Berger, John L. Strauch, Cleveland, Ohio, for plaintiff; Jones, Day, Reavis & Pogue, Cleveland, Ohio, Joseph E. Downs, Akron, Ohio, of counsel.

Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Frederick M. Coleman, Richard J. French, Asst. U. S. Attys., Cleveland, Ohio, Harland F. Leathers, Jeffrey Axelrad, Sandra Wien, Dept. of Justice, Washington, D. C., Frank A. Berndt, Acting Chief Counsel, Charlotte Uram, Atty. Nat'l Highway Traffic Safety, U. S. Dept. of Transp., Washington, D. C., for defendants.

Steven I. Frank, Alphonse M. Alfano, Atty. for Dept. of Justice, Washington, D. C.

MEMORANDUM OF OPINION

MANOS, District Judge.

On May 8, 1975 the National Highway and Traffic Safety Administration [NHTSA] issued a non-final administrative determination that Firestone's 500 Bias Ply Steel Belt Tire [500 Tire] was in non-compliance with Federal Motor Vehicle Safety Standard 109 [FMVSS 109], 49 C.F.R. § 571.109, which prescribes laboratory wheel tests designed to determine the high speed and endurance capabilities of pneumatic passenger...

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