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STATE FAIR OF TEXAS v. U. S. CONSUMER PROD. SAFETY COM'N

No. 80-1006.

650 F.2d 1324 (1981)

The STATE FAIR OF TEXAS, Plaintiff-Appellant, Cross-Appellee, Steck & Stapf Attractions, Inc., Plaintiff-Appellant, Cross-Appellee, v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

June 30, 1981.

Attorney(s) appearing for the Case

Vial, Hamilton, Koch, Tubb, Knox & Stradley, Jeffrey S. Lynch, Gerald R. Powell, Dallas, Tex., for plaintiff-appellant, cross-appellee.

Robert B. Nicholson, Daniel J. Conway, Antitrust Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellee, cross-appellant.

Kelly, Hart & Hallman, Edmund Glen Johnson, Fort Worth, Tex., David M. Kendall, Jr., Thompson & Knight, Austin, Tex., Russell B. Smith, Dallas, Tex., for State Fair of Tex.

Before GOLDBERG, AINSWORTH and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Among the attractions offered visitors to the State Fair of Texas is the opportunity to take a trip on the "Swiss Skyride." Skyride passengers travel in open gondolas, moving along a single cable, over the fairgrounds and enjoy a panoramic prospect. The Skyride is owned by the State Fair, but operated by Steck & Stapf Attractions, a lessee. Manufactured in Switzerland by Van Roll, Ltd., the attraction has been bought by several amusement...

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