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C.P. CHEMICAL CO., INC. v. UNITED STATES

No. 313, Docket 86-6132.

810 F.2d 34 (1987)

C.P. CHEMICAL COMPANY, INC., Plaintiff-Appellant, v. UNITED STATES of America and U.S. Consumer Product Safety Commission, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 26, 1987.

Attorney(s) appearing for the Case

Joseph A. Maria, P.C., White Plains, N.Y., for plaintiff-appellant.

Richard M. Schwartz, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., John P. Mackey, Stephen Lemberg, and Harleigh P. Ewell, New York City, of counsel), for defendants-appellees.

Before MANSFIELD, MESKILL and MINER, Circuit Judges.

MINER, Circuit Judge:

C.P. Chemical Company appeals from a judgment of the United States District Court for the Southern District of New York (Brieant, J.) dismissing its complaint against the United States and the Consumer Product Safety Commission ("Commission" or "agency") under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 ("FTCA"), and the Consumer Product Safety Act, 15 U.S.C. § 2053(h) ("CPSA"), for lack of subject matter jurisdiction...

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