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ROBERT K. BELL ENTERPRISES v. CONSUMER PRODUCT SAFETY COMM.

No. 80-1382.

645 F.2d 26 (1981)

ROBERT K. BELL ENTERPRISES, INC., an Oklahoma corporation, Plaintiff-Appellant, v. CONSUMER PRODUCT SAFETY COMMISSION, a Commission of the United States Government; Susan King, Chairman of the Consumer Product Safety Commission; Frank B. Pipkin, Chief of the Hazard Correction Branch of the Product Defect Correction Division of the Consumer Product Safety Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 27, 1981.

Rehearing Denied May 11, 1981.

Attorney(s) appearing for the Case

Bradford S. Baker of Farmer & Woolsey Inc., Tulsa, Okl., for plaintiff-appellant.

Daniel J. Conway, Atty., Dept. of Justice, Washington, D. C. (Sanford M. Litvack, Asst. Atty. Gen., and Barry Grossman, Atty., Dept. of Justice, Washington, D. C. and Andrew S. Krulwich, Gen. Counsel, Alan H. Schoem, Asst. Gen. Counsel and Mana Jennings, Atty., Consumer Product Safety Commission, Washington, D. C., with him on brief), for defendants-appellees.

Before SETH, Chief Judge, BREITENSTEIN, Circuit Judge, and WEINSHIENK, District Judge.

SETH, Chief Judge.

This appeal is taken from a summary judgment for the Consumer Product Safety Commission, and the denial of a motion for summary judgment of appellant Bell Enterprises, Inc.

The basic issue on appeal is whether plaintiff's aerial tramway, used as an amusement park ride, is a "consumer product" within the meaning of the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq.

After an accident involving an amusement park tramway...

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