RIEGEL TEXTILE CORP. v. CELANESE CORP.

No. 530, Docket 80-7697.

649 F.2d 894 (1981)

RIEGEL TEXTILE CORPORATION, Plaintiff-Appellant, v. CELANESE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 6, 1981.


Attorney(s) appearing for the Case

Charles L. Stewart, New York City (Windels, Marx, Davies & Ives, Anthony A. Dean, Yvette Harmon, New York City, of counsel), for plaintiff-appellant.

Frank H. Wohl, New York City (Rosenman Colin, Freund, Lewis & Cohen, Joseph Zuckerman, Rodney E. Gould, Jay A. Segal, New York City, of counsel), for defendant-appellee.

Andrew S. Krulwich, Gen. Counsel, Washington, D. C. (Mana L. Jennings, Associate Gen. Counsel, Daniel L. Jennings, Atty., Consumer Product Safety Commission, Sanford M. Litvack, Asst. Atty. Gen., Robert B. Nicholson, Mark C. Del Bianco, Attys., Dept. of Justice, Washington, D. C., of counsel), for the Consumer Product Safety Commission as amicus curiae.

Before FEINBERG, Chief Judge, KEARSE, Circuit Judge, and EDELSTEIN, District Judge.


EDELSTEIN, District Judge:

This is an appeal from an order of the Hon. William C. Conner, dismissing plaintiff's complaint, based upon federal and state law claims, for failure to state a claim upon which relief can be granted. We affirm.

Plaintiff Riegel is in the business of manufacturing and processing fabrics and garments including children's sleepwear. Defendant Celanese manufactures synthetic fibers.

In 1972, Celanese advised Riegel that it had...

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