ATHLONE INDUSTRIES v. CONSUMER PROD. SAFETY COM'N

No. 82-1295.

707 F.2d 1485 (1983)

ATHLONE INDUSTRIES, INC., et al., Appellants, v. CONSUMER PRODUCT SAFETY COMMISSION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 1983.

As Amended May 13, 1983.


Attorney(s) appearing for the Case

Michael F. Healy, Washington, D.C., with whom James Skelly Wright, Jr., and Janine Sweeney Frias, Washington, D.C., were on brief, for appellants.

William J. Roberts, Dept. of Justice, Washington, D.C., with whom John J. Powers, III, Dept. of Justice, and Michael J. Gidding, Consumer Product Safety Com'n, Washington, D.C., were on brief, for appellees.

Before WILKEY and BORK, Circuit Judges, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Athlone Industries, Inc., appeals from the district court's dismissal of its suit to enjoin the Consumer Product Safety Commission from assessing civil penalties in an administrative proceeding. We reverse, concluding that the doctrine of exhaustion of administrative remedies does not bar the present suit. We also resolve the dispositive substantive issue in this case, holding that...

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