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ZEN MAGNETS, LLC v. CONSUMER PRODUCT SAFETY COM'N

Nos. 19-1168, 19-1186.

968 F.3d 1156 (2020)

ZEN MAGNETS, LLC, Plaintiff-Appellee/Cross-Appellant, v. CONSUMER PRODUCT SAFETY COMMISSION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED August 4, 2020.

Attorney(s) appearing for the Case

David C. Japha , Levin Jacobson Japha, PC, Denver, Colorado (Evan House with him on the briefs), for Plaintiff-Appellee/Cross-Appellant.

Jaynie Lilley , Attorney, Appellate Staff, United States Department of Justice, Civil Division, Washington, DC ( Joseph H. Hunt , Assistant Attorney General; Jason R. Dunn , United States Attorney; Daniel Tenny and Patrick G. Nemeroff , Attorneys, Appellate Staff, on the briefs), for Defendant-Appellant/Cross-Appellee.

Before BACHARACH, McHUGH, and EID, Circuit Judges.

The Consumer Product Safety Commission conducted two proceedings involving the making of small rare-earth magnets. The first proceeding consisted of a rulemaking affecting all manufacturers of these magnets. The second proceeding consisted of an adjudication affecting only one manufacturer: Zen Magnets, LLC. For the adjudication...

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