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PACTRA INDUSTRIES, INC. v. CONSUMER PRODUCT SAFETY COM'N

Nos. 74-2902, 74-3168.

555 F.2d 677 (1977)

PACTRA INDUSTRIES, INC., Petitioner, v. CONSUMER PRODUCT SAFETY COMMISSION, Respondent, DAP, Inc., Intervenor, Sprayon Products, Inc., Intervenor.

United States Court of Appeals, Ninth Circuit.

As Amended June 13, 1977.

Attorney(s) appearing for the Case

Joel E. Hoffman, argued, Anthony L. Young, Wald, Harkrader & Ross, Washington, D. C., for petitioner.

Gregory B. Hovendon, Chief Consumer Affairs Section, John R. Fleder, argued, Antitrust Div., Dept. of Justice, Washington, D. C., for respondent.

Before BARNES, CHOY and KENNEDY, Circuit Judges.

KENNEDY, Circuit Judge:

This case requires an examination of the statutory authority of the Consumer Products Safety Commission (the Commission) to issue regulations under section 701(e) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 371(e), without first holding public hearings. Pactra Industries, Inc. (Pactra) petitions for review of an order of the Commission promulgating a regulation that classifies all self-pressurized products intended or suitable...

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