CONSUMER PRODUCT SAFETY COM'N v. ANACONDA CO.

Nos. 78-1054, 78-1070.

593 F.2d 1314 (1979)

CONSUMER PRODUCT SAFETY COMMISSION, Appellant, v. The ANACONDA COMPANY, a wholly owned subsidiary of Atlantic Richfield Company et al. CONSUMER PRODUCT SAFETY COMMISSION v. The ANACONDA COMPANY et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1979.

As Amended February 6, 1979.

Rehearing Denied April 10, 1979.


Attorney(s) appearing for the Case

Nancy L. Buc, New York City, with whom Philip J. Harter, Edmund E. Harvey, Christopher H. Buckley, Jr., Fred F. Fielding, James Skelly Wright, Jr., Christopher Sanger, Eldon H. Crowell, Patrick W. Lee, Washington, D. C., Donald Letizia, Fort Wayne, Ind., Peter Barnes, Steven J. Agresta, Henry P. Sailer, Robert Matthew Sussman, Donald J. Mulvihill, R. Bruce Dickson, James L. Kaler, Sherwood B. Smith, Jr., F. Anthony Maio, Michael D. Fischer, John F. Graybeal, and Michael Hausfeld, Washington, D. C., were on brief for appellants in No. 78-1070, and appellee in No. 78-1054 The Anaconda Co., et al.

William N. Letson, with whom Gearold L. Knowles, Washington, D. C., was on brief, for appellant in No. 78-1070, appellees in No. 78-1054 Coleman Cable and Wire Co.

Ronald J. Greene, Washington, D. C., with whom Edward Tynes Hand, Washington, D. C., was on briefs, for appellee in No. 78-1054 and appellants in No. 78-1070, The Kaiser Aluminum and Chemical Corp., et al.

Norman C. Barnett, Sol., Consumer Product Safety Commission, Washington, D. C., with whom Jerome B. Morris, Atty., Consumer Product Safety Commission, Washington, D. C., was on the brief, for appellees in No. 78-1070 and appellant in No. 78-1054.

Douglas L. Parker and Charles E. Hill, Washington, D. C., were on the brief, for Amicus Curiae in No. 78-1070.

Paul G. Wallach, New York City, entered an appearance for appellant in No. 78-1070, Triangle PWC, Inc.

Also Jonathan Z. Cannon, Washington, D. C., entered an appearance for appellant in No. 78-1070, Bryant Electric Co. etc.

Also Paul M. Vincent, Washington, D. C., entered an appearance for appellant in No. 78-1070, Reynolds Metals Co.

Also Ridgway M. Hall, Jr., Washington, D. C., entered an appearance for appellant in No. 78-1070, Essex Group, Inc.

Also Herbert Cohen, Arlington, Va., entered an appearance for appellant in No. 78-1070 Southwire Co.

Also Alan S. Anderson, Washington, D. C., entered an appearance for appellant in No. 78-1070, Eagle Electric Manufacturing Co., Inc.

Also Robert M. Sussman, Washington, D. C., entered an appearance for appellee in No. 78-1070, General Electric Wiring Device Business Department.

Before BAZELON, LEVENTHAL and ROBB, Circuit Judges.


Opinion for the Court filed by LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

Since the mid-1960's many of the central wiring systems that have been installed in residential structures have incorporated aluminum wiring as the primary electrical conductor.1 Until the early 1970's, these "aluminum branch circuit wiring systems" borrowed the technology developed for use in similar copper...

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