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AMERICAN CYL. MFRS. COMM. v. DEPT. OF TRANS.

No. 544, Docket 77-6172.

578 F.2d 24 (1978)

AMERICAN CYLINDER MANUFACTURERS COMMITTEE, Plaintiff-Appellant, v. DEPARTMENT OF TRANSPORTATION, Brock Adams, as Secretary of Transportation, John F. Fearnsides, as Acting Director, Materials Transportation Bureau, Alan I. Roberts, as Acting Director, Office of Hazardous Operation, and Engineering Products of Canada, Ltd., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Richard E. Schwartz, Washington, D. C. (Collier, Shannon, Rill, Edwards & Scott, William W. Scott, Washington, D. C., and Lord, Day & Lord, New York City, of counsel), for plaintiff-appellant.

Richard N. Papper, Asst. U. S. Atty., S. D. N. Y., New York City (Robert B. Fiske, Jr., U. S. Atty. for the S.D.N.Y., Patrick H. Barth, Asst. U. S. Atty., New York City, of counsel), for defendants-appellees, Dept. of Transp., Adams, Fearnsides and Roberts.

John F. Collins, Reboul, MacMurray, Hewitt, Maynard & Kristol, New York City, for defendant-appellee Engineering Products of Canada.

Before MOORE, SMITH and MANSFIELD, Circuit Judges.

MOORE, Circuit Judge:

Plaintiff, the American Cylinder Manufacturers Committee ("ACMC"), an unincorporated domestic trade association, appeals the district court's decision that defendants, the Department of Transportation ("DOT") and its officials, can grant approval to foreign manufacturers to have compressed gas cylinders analyzed and tested outside the United States without public participation. We affirm.

Since 1922, federal regulations have governed...

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