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UNITED STATES v. ATHLONE INDUSTRIES, INC.

No. 83-5822.

746 F.2d 977 (1984)

UNITED STATES of America v. ATHLONE INDUSTRIES, INC., also doing business as Dudley Sports Company v. CONSUMER PRODUCT SAFETY COMMISSION, Nancy H. Steorts, individually and in her official capacity as Chairman, Consumer Product Safety Commission, R. David Pittle, Chairman, Consumer Product Safety Commission, Edith B. Sloan, Sam Zagoria and Stuart M. Statler, individually and in their official capacities as Commissioners Consumer Product Safety Commission. Appeal of UNITED STATES.

United States Court of Appeals, Third Circuit.

Decided October 23, 1984.

Rehearing and Rehearing Denied November 21, 1984.

Attorney(s) appearing for the Case

W. Hunt Dumont, U.S. Atty., D. New Jersey, Newark, N.J., Richard K. Willard Acting Asst. Atty. Gen., J. Patrick Glynn, Margaret A. Cotter (Argued), Rosalind Avnet Lazarus, Attys., Civ. Div., Dept. of Justice, Washington, D.C., Michael V. Gilberti, Asst. U.S. Atty., District of New Jersey, Newark, N.J., for appellant.

Michael F. Healy (Argued), Newman & Holtzinger, James Skelly Wright, Jr., Morgan, Lewis & Bockius, Washington, D.C., David M. McCann, Carpenter, Bennett & Morrissey, Newark, N.J., for appellee.

Before ALDISERT, Chief Judge, HIGGINBOTHAM, Circuit Judge, and HUYETT, District Judge.

Rehearing and Rehearing In Banc Denied November 21, 1984.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

In our semi-robot age, as a substitute for the batting practice pitcher, inanimate machines have been manufactured which confront the player in the batter's box. In this case, some of the machines were defective and more wild than an erratic pitcher. In fact some of the machines were mysterious...

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