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BARRETT CARPET MILLS v. CONSUMER PRODUCT SAFETY

No. 78-1611.

635 F.2d 299 (1980)

BARRETT CARPET MILLS, INC. and Roy C. Barrett, Petitioners, and The Carpet and Rug Institute, Intervenor-Petitioner, v. CONSUMER PRODUCT SAFETY COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided December 8, 1980.

Attorney(s) appearing for the Case

Richard H. Gimer, Washington, D. C. (Richard G. White, Nicky Calio, Santarelli & Gimer, Washington, D. C., on brief), for petitioners.

J. Mark Manner, Dept. of Justice, Washington, D. C. (John H. Shenefield, Asst. Atty. Gen., Robert B. Nicholson, Dept. of Justice, Andrew S. Krulwich, Gen. Counsel, Allen W. Hausman, Consumer Product Safety Commission, Washington, D. C., on brief), for respondent.

Before BRYAN, Senior Circuit Judge, and RUSSELL and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The petitioners, Barrett Carpet Mills, Inc. (hereinafter Barrett) and its president, Roy D. Barrett seek review of an order of the Consumer Product Safety Commission (CPSC) which ruled that the petitioners had violated the Flammable Fabrics Act, 15 U.S.C. § 1191, et seq. by manufacturing and selling carpet that failed to comply with standards established under regulations issued by the Commissioner pursuant to § 1195 of the...

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