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RELIABLE AUTO. SPRINKLER v. CONSUMER PROD. SAFETY

Civil Action No. 01-00025(ESH).

173 F.Supp.2d 41 (2001)

THE RELIABLE AUTOMATIC SPRINKLER CO., INC. Plaintiff, v. CONSUMER PRODUCT SAFETY COMMISSION, Defendant.

United States District Court, District of Columbia.

November 28, 2001.

Attorney(s) appearing for the Case

Stephen Printiss Murphy, Reed, Smith, Shaw & McClay, L.L.P., Washington, DC, for plaintiff.

Steven Neil Gersten, U.S. Department Of Justice, Office of Consumer Litigation, Washington, DC, for defendant.

MEMORANDUM OPINION

HUVELLE, District Judge.

The question before this Court is whether the commencement of an investigation by the staff of the Consumer Product Safety Commission ("CPSC") under the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq. ("CPSA"), constitutes "final agency action" within the meaning of Section 704 of the Administrative Procedure Act, 5 U.S.C. § 701 et seq. ("APA"). The CPSC enjoys regulatory jurisdiction...

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