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UNITED STATES v. ARTICLES OF BANNED HAZARDOUS SUBS. CONSISTING OF RATTLES

No. 83 Civ. 5011.

614 F.Supp. 226 (1985)

UNITED STATES of America, Plaintiff, v. ARTICLES OF BANNED HAZARDOUS SUBSTANCES CONSISTING OF 1030 GROSS (MORE OR LESS) OF BABY RATTLES, Defendants.

United States District Court, E.D. New York.

July 12, 1985.

Attorney(s) appearing for the Case

Winstanley Luke, Asst. U.S. Atty., E. Dist. of N.Y., Brooklyn, N.Y., for plaintiff.

Daniel L. Jennings, Office of General Counsel, Washington, D.C., for U.S. Consumer Products Safety Commission.

Locker, Greenberg & Brainin, New York City, for M. Pressner & Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GLASSER, District Judge:

The United States seized defendant baby rattles on November 16, 1983, on the grounds that they violate standards established by the rattle regulations, 16 C.F.R. Pt. 1510 (1985), enacted under the Federal Hazardous Substances Act (FHSA), 15 U.S.C. § 1261 et seq., and are therefore banned hazardous substances. 15 U.S.C. § 1261(q)(1)(A)...

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