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PIERCE & STEVENS CHEMICAL CORP. v. UNITED STATES, ETC.

No. 404, Docket 78-6135.

585 F.2d 1382 (1978)

PIERCE & STEVENS CHEMICAL CORP., Plaintiff-Appellee, v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 14, 1978.

Attorney(s) appearing for the Case

William L. Rieth, Buffalo, N.Y. (Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y., of counsel), for plaintiff-appellee.

Mark N. Mutterperl, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Richard J. Arcara, U. S. Atty., Buffalo, N.Y., Leonard Schaitman, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., of counsel), for defendant-appellant.

Victor H. Kramer, Charles E. Hill, Alan R. Schwartz, Washington, D.C., Consumer Federation of America, amicus curiae.

Before KAUFMAN, Chief Judge, and FEINBERG and TIMBERS, Circuit Judges.

FEINBERG, Circuit Judge:

In the past decade and a half the Congress of the United States has enacted many complex statutes, a good number of which present difficult questions of interpretation.1 This appeal involves a potential clash between two such laws: the Freedom of Information Act, 5 U.S.C. § 552 (FOIA), and the Consumer Product Safety Act, 15 U.S.C. §§ 2051-2081. The Consumer Product Safety Commission appeals from...

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