U.S. v. FOCHT

No. 88-3781.

882 F.2d 55 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Charles FOCHT, an Individual, and Mark Focht, an Individual, Doing Business Under the Name Liberty Industries, Defendants-Appellees.

United States Court of Appeals, Third Circuit.

Decided August 8, 1989.


Attorney(s) appearing for the Case

Charles D. Sheehy, Acting U.S. Atty., Bonnie R. Schlueter (Argued), Barbara M. Carlin, Asst. U.S. Attys., for plaintiff-appellant.

Louis Pomerico, (Argued), New Castle, Pa., Nancilee Burzachechi, Ellwood City, Pa., for defendants-appellees.

Before GIBBONS, Chief Judge, HUTCHINSON, Circuit Judge, and REED, District Judge.


OPINION OF THE COURT

GIBBONS, Chief Judge:

The United States Consumer Products Safety Commission appeals from a denial of its motion to the court under 15 U.S.C. § 1263(a) to preliminarily enjoin Charles and Mark Focht, doing business as Liberty Industries, from distributing firework components in interstate commerce. The Government contends that the district court misconstrued the statute to require application of a subjective standard to the Fochts...

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