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FOUNTAINHEAD GROUP v. CONSUMER PROD. SAFETY COM'N

81-CV-1150.

527 F.Supp. 294 (1981)

The FOUNTAINHEAD GROUP, INC., Marimar Manufacturing Company, Inc., D. B. Smith & Company, Inc., and Blue Mountain Products, Inc., Plaintiffs, v. CONSUMER PRODUCT SAFETY COMMISSION; Nancy Harvey Steorts, as Chairman of the Consumer Product Safety Commission; Stuart M. Statler, R. David Pittle, Edith B. Sloan, Sam Zagoria, as Commissioners of the Consumer Product Safety Commission; and Todd A. Stevenson, as Freedom of Information Officer of the Consumer Product Safety Commission, Defendants.

United States District Court, N. D. New York.

December 7, 1981.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, Syracuse, N. Y., for plaintiffs; David P. O'Hara, M. Catherine Richardson, Ronald C. Berger, Syracuse, N. Y., of counsel.

George H. Lowe, U. S. Atty., N. D. N. Y., Syracuse, N. Y., for defendants; Paula M. Ryan, Asst. U. S. Atty., Syracuse, N. Y., of counsel.

Margaret A. Freeston, Acting Gen. Counsel, Consumer Product Safety Commission, Washington, D. C., for defendants; Alan H. Schoem, Asst. Gen. Counsel, Maria L. Jennings, Associate Gen. Counsel, Washington, D. C., Margot de Ferranti, Atty., of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

The plaintiffs have instituted this action for declaratory and injunctive relief to review the defendants' decision to release certain information to the public pursuant to the Freedom of Information Act [FOIA], 5 U.S.C. § 552. The gravamen of their complaint is that the determination by the Consumer Product Safety Commission [Commission] to release certain materials pertaining to the plaintiffs is...

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