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TOY MFRS. OF AMERICA, INC. v. BLUMENTHAL

No. 840, Docket 92-9174.

986 F.2d 615 (1992)

TOY MANUFACTURERS OF AMERICA, INC., Plaintiff-Appellant, v. Richard BLUMENTHAL, Attorney General of the State of Connecticut, and Gloria Schaffer, Commissioner, Department of Consumer Protection, State of Connecticut, in their representative capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 22, 1992.

Opinion Filed February 22, 1993.

Attorney(s) appearing for the Case

Frederick N. Locker and Aaron Locker, New York City (Locker Greenberg & Brainin, P.C.), for plaintiff-appellant.

Richard Blumenthal, Atty. Gen. of the State of Conn. (Robert M. Langer, Neil G. Fishman and Megan O'Neill, Asst. Attys. Gen.), for defendants-appellees.

Before: CARDAMONE and PRATT, Circuit Judges, and LASKER, District Judge.

LASKER, District Judge:

This case presents a challenge to Connecticut's authority to regulate toys designed for children between the ages of three and seven which present a risk of "choking, aspiration or ingestion" to children under three. The plaintiff, Toy Manufacturers of America, Inc. ("TMA"),1 asserts that regulations promulgated by the Consumer Product Safety Commission ("CPSC") pursuant to the Federal Hazardous Substances Act ...

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