ADVANCE MACHINE COMPANY and Robert J. Pond, Appellants,
v.
CONSUMER PRODUCT SAFETY COMMISSION, Appellee.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted October 16, 1981.
Decided December 14, 1981.
Attorney(s) appearing for the Case
Dorsey, Windhorst, Hannaford, Whitney & Halladay, Edward J. Schwartzbauer, argued, James B. Lynch, Minneapolis, Minn., for plaintiffs-appellants Advance Mach. Co. and Robert J. Pond.
Margaret A. Freeston, Acting Gen. Counsel, Susan E. Birenbaum, Atty., Consumer Product Safety Commission, Washington, D.C., William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Nancy C. Garrison, argued, Attys., Dept. of Justice, Washington, D.C., for appellee.
Before HEANEY and STEPHENSON, Circuit Judges, and DAVIES, Senior District Judge.
United States Court of Appeals, Eighth Circuit.
DAVIES, Senior District Judge.
This is an appeal from a judgment of the district court1 holding2 that the Consumer Product Safety Commission (Commission) possessed authority under the Consumer Product Safety Act (Act), 15 U.S.C. § 2051 et seq., to proceed administratively to assess civil penalties for an alleged violation of the Act; that the penalties are civil, not criminal, in nature; and that the administrative...
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