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X-TRA ART v. CONSUMER PRODUCT SAFETY COM'N

No. 91-16027.

969 F.2d 793 (1992)

X-TRA ART; Linda Weill, Plaintiffs-Appellants, v. CONSUMER PRODUCT SAFETY COMMISSION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1992.

Attorney(s) appearing for the Case

John D. O'Connor and Laura E. Malkofsky, Tarkington, O'Connor & O'Neill, San Francisco, Cal., for plaintiffs-appellants.

Daniel G. Jarcho, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before: GOODWIN, SCHROEDER, and BEEZER, Circuit Judges.

SCHROEDER, Circuit Judge:

This appeal arises from a dispute between the Consumer Product Safety Commission (CPSC) and X-TRA ART, a small business founded by an elementary school teacher to manufacture and distribute "Rainbow Foam Paint" to day care centers, preschools, and elementary schools. The product is a mixture of shaving cream and food coloring intended for use as finger paint by children ages 3 and older.

X-TRA ART filed this action in district court...

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