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SWENSON v. EMERSON ELEC. CO.

No. C8-84-188.

374 N.W.2d 690 (1985)

Janet SWENSON, individually and as trustee for the heirs at law and next of kin of Edward C. Swenson, Respondent, v. The EMERSON ELECTRIC COMPANY, Defendant and Third Party Plaintiff, Petitioner, Appellant, The A.O. SMITH CORPORATION, Defendant and Third Party Plaintiff, Appellant, v. LAKE REGION COOPERATIVE, Third Party Defendant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied December 13, 1985.

Attorney(s) appearing for the Case

Douglas J. Muirhead, Mpls., Robert M. Sussman, John F. Seymour, Washington, D.C. for Emerson.

Thomas L. Athens, Fergus Falls, for A.O. Smith.

Kennedy R. Nervig, Charles R. Kennedy, Wadena, for Lake Region Cooperative.

John C. Lervick, Alexandria, Stanley E. Karon, Jennifer E. Peterson, St. Paul, for respondent.

Mark S. Anderson, St. Paul, for amicus curiae Minn. Ass'n. of Commerce & Industry.

Heard, considered, and decided by the court en banc.

AMDAHL, Chief Justice.

We must decide whether the federal Consumer Product Safety Act, 15 U.S.C. § 2051 et seq. (1982), provides a private cause of action for violation of the Consumer Product Safety Commission's substantial product hazard reporting regulations. Plaintiff Janet Swenson sought to amend her complaint to include a claim under the Act. Defendants Emerson Electric Company and A.O. Smith Corporation...

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