DRAKE v. HONEYWELL, INC.

No. 85-5179.

797 F.2d 603 (1986)

Vicki Lynn DRAKE, et al., Appellees, v. HONEYWELL, INC., Appellant, v. WAGONER WATER HEATER CO., INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 23, 1986.

Rehearing Denied August 28, 1986.


Attorney(s) appearing for the Case

Scott W. Johnson, Minneapolis, Minn., for appellant.

Stanley E. Karon, St. Paul, Minn., for appellees.

Before LAY, Chief Judge, JOHN R. GIBSON, Circuit Judge, and McMANUS, District Judge.


JOHN R. GIBSON, Circuit Judge.

The question presented is whether section 23(a) of the Consumer Product Safety Act, 15 U.S.C. § 2072(a) (1982), creates a private cause of action for an injury resulting from noncompliance with the product hazard reporting rules issued by the Consumer Product Safety Commission. We conclude that it does not, and therefore reverse the judgment of the district court.

I.

Vicki Lynn Drake commenced this action to recover...

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