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U.S. v. MIDWEST FIREWORKS MFG. CO., INC.

Nos. 99-4445, 00-3147.

248 F.3d 563 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. MIDWEST FIREWORKS MFG. CO., INC.; Fireworks of America Ltd. Corp.; Pacific Fin. Servs. of America, Inc.; Larry Lomaz; David Bowman, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 3, 2001.

Attorney(s) appearing for the Case

Emily M. Sweeney, U.S. Atty., Cleveland, OH, James O. Hearty (argued and briefed), U.S. Department of Justice, Consumer Litigation Section, Washington, DC, Drake A. Cutini (briefed), U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.

Mark B. Cohn, McCarthy, Lebit, Crystal & Haiman, Cleveland, OH, Daniel T. Kobil (argued and briefed), Capital University Law School, Columbus, OH, for Defendants-Appellants.

Before: KEITH, SILER, and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206.

OPINION

SILER, Circuit Judge.

This action arises out of defendants' sale of certain fireworks the Consumer Products Safety Commission ("CPSC") determined to be hazardous under the Federal Hazardous Substances Act ("FHSA"), 15 U.S.C. § 1191 et seq. (2000), and the regulations promulgated thereunder. Defendants challenge the permanent injunction issued by the district court prohibiting them from selling...

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