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ADVANCE MACH. CO. v. CONSUMER PRODUCT SAFETY COM'N

No. 3-80 Civ. 372.

510 F.Supp. 360 (1981)

ADVANCE MACHINE COMPANY and Robert J. Pond, Plaintiffs, v. CONSUMER PRODUCT SAFETY COMMISSION, Defendant.

United States District Court, D. Minnesota, Third Division.

On Motions For Summary Judgment March 6, 1981.

Attorney(s) appearing for the Case

Dorsey, Windhorst, Hannaford, Whitney & Halladay by Edward J. Schwartzbauer, Minneapolis, Minn., for plaintiffs.

U. S. Dept. of Justice by Rosalind Avnet Lazarus, Washington, D. C., and Consumer Product Safety Commission by Susan Birenbaum, Washington, D. C., for defendant.

MEMORANDUM ORDER

ALSOP, District Judge.

This matter comes before the court upon the motion of defendant Consumer Product Safety Commission ["Commission"] to dismiss pursuant to Rule 12(b) of the Fed.R. Civ.P. Memoranda were submitted on behalf of all parties, and oral argument was heard on December 19, 1980.

BACKGROUND

In July, 1977, the Commission commenced an action in United States District Court for the District of Columbia against...

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