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NAT. KNITWEAR MFRS. ASS'N v. CONSUMER PRODUCT SAFETY COMM.

No. 81-1002.

666 F.2d 81 (1981)

NATIONAL KNITWEAR MANUFACTURERS ASSOCIATION, Petitioner, v. CONSUMER PRODUCT SAFETY COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided December 11, 1981.

Attorney(s) appearing for the Case

Richard H. Gimer, Washington, D. C. (Richard G. White, Nicky Calio, Santarelli & Gimer, Washington, D. C., on brief), for petitioner.

Andrea Limmer, Dept. of Justice, Washington, D. C. (Margaret A. Freeston, Acting Gen. Counsel, D. Stephen Lemberg, Asst. Gen. Counsel, Allen F. Brauninger, Consumer Product Safety Commission, William F. Baxter, Asst. Atty. Gen., Barry Grossman, Dept. of Justice, Washington, D. C., on brief), for respondent.

Before BUTZNER and SPROUSE, Circuit Judges.

BUTZNER, Circuit Judge:

The principal issue raised by this petition for review is whether a statement of policy issued by the Consumer Product Safety Commission is in reality an amendment to a flammability standard for children's sleepwear.1 The petitioner, National Knitwear Manufacturers Association, seeks to have the statement set aside on the ground that the Commission amended the standard by including underwear without complying with...

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