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JOHNSTON v. DEERE & CO.

Civil No. 96-192-P-H.

967 F.Supp. 578 (1997)

Adam JOHNSTON, a minor, by Susan Johnston, his mother and next friend, and Susan Johnston and Garnett Johnston, Plaintiffs, v. DEERE & COMPANY, Defendant.

United States District Court, D. Maine.

June 9, 1997.

Attorney(s) appearing for the Case

George W. Beals, Thomas J. Quinn, Beals & Quinn, Portland, ME, for Plaintiffs.

Harold J. Friedman, Tracy D. Hill, Friedman & Babcock, Portland, ME, for Defendant.

ORDER ON THE APPLICABILITY OF 15 U.S.C. § 2074(b)1

HORNBY, Chief Judge.

The Consumer Product Safety Act provides:

The failure of the [Consumer Product Safety] Commission to take any action or commence a proceeding with respect to the safety of a consumer product shall not be admissible in evidence in litigation at common law or under State statutory law relating...

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