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AQUA SLIDE `N' DIVE CORP. v. CONSUMER PRODUCT SAFETY COMMISSION

No. 76-1713.

569 F.2d 831 (1978)

AQUA SLIDE `N' DIVE CORPORATION, Petitioner, v. The CONSUMER PRODUCT SAFETY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

March 3, 1978.

Attorney(s) appearing for the Case

Jack L. Coke, Jr., Dallas, Tex., for petitioner.

Joseph E. Casson, Christopher Smith, Washington, D. C., for amicus curiae Anthony Industries, Inc.

John R. Fleder, Charles R. McConachie, Attys., Consumer Affairs Section, Antitrust Div., U. S. Dept. of Justice, Michael A. Brown, David Schmeltzer, Margaret A. Freeston, Alan H. Schoem, Phillip E. Bechtel, Attys., Consumer Product Safety Comm., Washington, D. C., for respondent.

Harold A. Jewett, Washington, D. C., for amicus curiae in behalf of public interest.

Before WISDOM, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

In this proceeding for review authorized by the Consumer Product Safety Act, 15 U.S.C.A. §§ 2051 et seq., Aqua Slide `N' Dive Corporation, an interested manufacturer, challenges the legality of a "Safety Standard for Swimming Pool Slides" adopted by the Consumer Product Safety Commission. 41 Fed.Reg. 2742 (1976) (codified in 16 C.F.R. § 1207 (1977)).

The primary issue is whether substantial evidence supports the...

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