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BUNNY BEAR, INC. v. PETERSON

No. 72-1265.

473 F.2d 1002 (1973)

BUNNY BEAR, INC., Petitioner, v. Peter G. PETERSON, Secretary of Commerce, Respondent.

United States Court of Appeals, First Circuit.

Decided February 7, 1973.

Attorney(s) appearing for the Case

Hiller B. Zobel, Boston, Mass., with whom Matthew Brown and Carl E. Axelrod, Boston, Mass., were on brief, for petitioner.

Gregory B. Hovendon, Atty., Dept. of Justice, with whom Thomas E. Kauper, Asst. Atty. Gen., Antitrust Div., William N. Letson, Gen. Counsel, U. S. Dept. of Commerce, Robert B. Ellert, Asst. Gen. Counsel, and Dicran B. Barian (Attorney-Adviser), National Bureau of Standards, U. S. Dept. of Commerce, Washington, D. C., were on brief, for respondent.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

CAMPBELL, Circuit Judge.

Petitioner, a crib mattress manufacturer, challenges a flammability standard issued by the Secretary of Commerce under the Flammable Fabrics Act ("the Act"), 15 U.S.C. §§ 1191-1202.1 In essence, it requires mattresses, including crib mattresses, to pass a cigarette test, consisting of bringing a mattress in contact with a burning cigarette. 37 Fed.Reg. 11362 (June 7, 1972).

Petitioner asserts...

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