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HUNNEWELL v. PALM BEACH COUNTY

No. 98-2608.

723 So.2d 353 (1998)

Elwood J. HUNNEWELL, Jr., Appellant, v. PALM BEACH COUNTY, and Palm Beach County Code Enforcement Board, a Political Subdivision of the State of Florida, and Terry Verner, individually and as a Employee of Palm Beach County Code Enforcement, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 29, 1999.

Attorney(s) appearing for the Case

Elwood J. Hunnewell, Jr., Loxahatchee, pro se.

Leonard Berger, Assistant County Attorney, West Palm Beach, for appellees.

PER CURIAM.

We affirm an order denying appellant's petition for temporary injunction against the county enforcing Chapter 791, Florida Statutes (1997), which regulates the sale of fireworks. We reject appellant's argument that either the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq. or the Federal Hazardous Substances Act, 15 U.S.C. § 1261 et seq. preempts states from regulating or prohibiting the sale of fireworks. See United States v. Marcyes...

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