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UNITED STATES v. ONE HAZARDOUS PRODUCT, ETC.

Civ. A. Nos. 78-2906 to 78-2908, 79-182 and 79-187.

487 F.Supp. 581 (1980)

UNITED STATES of America v. ONE HAZARDOUS PRODUCT CONSISTING OF A REFUSE BIN (owned by Mauriello Disposal located at Hav-A-Donut, Inc.) (owned by Mauriello Disposal located at Foodtown Store No. 238, Inc.) (owned by Mauriello Disposal located at the Gateway Apts.) (owned by Metro Disposal located at Korvette's Tire Center) (owned by Metro Disposal located at State & Fayette St. Gardens, Inc.).

United States District Court, D. New Jersey.

April 9, 1980.

Attorney(s) appearing for the Case

Robert J. Del Tufo, U. S. Atty. by Charles J. Walsh, Asst. U. S. Atty., Newark, N. J., for U.S.A.

Michael F. Riccardelli, Montclair, N. J., for claimants.

OPINION

MEANOR, District Judge.

These five factually indistinguishable actions present for consideration a question concerning the scope of a regulation promulgated by the Consumer Product Safety Commission (the Commission) declaring certain unstable refuse bins to be "banned hazardous product[s]" under the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq.

Section 8 of the Consumer Product Safety Act, 15 U.S.C. § 2057, delegates...

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