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CHEMICAL SPECIALTIES MFRS. ASS'N INC. v. LOWERY

No. 1024, Docket 71-1316.

452 F.2d 431 (1971)

CHEMICAL SPECIALTIES MANUFACTURERS ASSOCIATION, INC., Plaintiff-Appellant, v. Robert O. LOWERY, Fire Commissioner, City of New York, and the City of New York, a Municipal Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 10, 1971.

Attorney(s) appearing for the Case

Robert L. Ackerly, Washington, D. C. (Sellers, Connor & Cuneo, Washington, D. C., and Thomas R. Farrell, Gold, Farrell & Marks, New York City, of counsel), for plaintiff-appellant.

Jesse I. Levine, New York City (J. Lee Rankin, Corp. Counsel, New York City, Stanley Buchsbaum, New York City, of counsel), for defendants-appellees.

Before FRIENDLY, Chief Judge, and LUMBARD and OAKES, Circuit Judges.

FRIENDLY, Chief Judge:

In 1963, the Commissioner of the Fire Department of the City of New York first published a proposed set of detailed regulations dealing with pressurized containers, or so-called "aerosols."1 A new version of the proposed regulations (hereafter the City Regulations) concerning primarily the classification and labeling of pressurized products was published on January 31, 1971, to be effective July 31, 1971.

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