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IMPERIAL CARPET MILLS v. CONSUMER PROD. SAFETY COM'N

No. 80-7042 Summary Calendar.

634 F.2d 871 (1981)

IMPERIAL CARPET MILLS, INC., Murray Sobel and Richard G. Greenberg, Plaintiffs-Appellants, v. CONSUMER PRODUCTS SAFETY COMMISSION of the United States of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

January 20, 1981.

Attorney(s) appearing for the Case

Rogers, Magruder & Hoyt, Karl M. Kothe, Rome, Ga., for plaintiffs-appellants.

Mana L. Jennings, Staff Atty., Consumer Products Safety Comm., Barry Grossman, James Laskey, Attys., Antitrust Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before RONEY, FRANK M. JOHNSON, Jr., and ANDERSON, Circuit Judges.

PER CURIAM:

Plaintiffs filed suit in federal district court seeking declaratory and injunctive relief from a threatened proceeding by the Consumer Products Safety Commission. The district court held that the complaint did not present a controversy sufficiently ripe for judicial intervention and dismissed the action. Applying the ripeness standards established in Abbott Laboratories v. Gardner, 387 U...

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