WILSON BY & THR. LINCOLN NAT. BANK & TRUST v. ROBERTSHAW CONTR. CO.

No. S 83-312.

600 F.Supp. 671 (1985)

Brian K. WILSON, By and Through LINCOLN NATIONAL BANK & TRUST COMPANY OF FORT WAYNE, Guardian of the Estate of Brian K. Wilson, and Ilene Wilson, Plaintiffs, v. ROBERTSHAW CONTROLS COMPANY, A Delaware Corporation, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

January 8, 1985.


Attorney(s) appearing for the Case

J. James McKenna, Rockville, Md., Daniel A. Roby, Fort Wayne, Ind., for plaintiffs.

Roland Obenchain, South Bend, Ind., for defendants.


MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This cause is before the court on the motion to dismiss Count II of plaintiff's complaint for failure to state a claim upon which relief can be granted of defendant, Robertshaw Controls Company (Robertshaw). As a basis for this motion, defendant contends that no private right of action is created for an alleged violation of the non-binding interpretive rules of the Consumer Product Safety Commission (CPSC) under...

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