Legal Opinion
United States v. Charles Focht, an Individual, and Mark Focht, an Individual, Doing Business Under the Name Liberty Industries
Court of Appeals for the Third Circuit
Decided August 8, 1989No. 88-3781PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
GIBBONS, Chief Judge:
The United States Consumer Products Safety Commission appeals from a denial of its motion to the court under 15 U.S.C. § 1263(a) to preliminarily enjoin Charles and Mark Focht, doing business as Liberty Industries, from distributing firework components in interstate commerce. The Government contends that the district court misconstrued the statute to require application of a subjective standard to the Fochts’ actions. We will reverse.
I
Charles and Mark Focht own and operate Liberty Industries, located in Slippery Rock, Pennsylvania. Liberty sells…
2Cases cited10 opinions
- Norman I. Suchomajcz, Administrator of the Estate of Norman Suchomajcz, a Minor v. Hummel Chemical Company, Newark, New JerseyCourt of Appeals for the Third Circuit · 1975
- United States v. Christie Industries, Inc. Edwin C. Christie. Appeal of Edwin C. ChristieCourt of Appeals for the Third Circuit · 1972
- Commodity Futures Trading Commission v. British American Commodity Options Corp.Court of Appeals for the Second Circuit · 1977
- United States v. Ana Erika Agrillo-Ladlad, and Lawrence J. FlemingCourt of Appeals for the Seventh Circuit · 1982
- United States v. ScharsteinDistrict Court, E.D. Kentucky · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re National Credit Management Group, L.L.C.District Court, D. New Jersey · 1998
- United States v. Toys" R" US, Inc.District Court, D. New Jersey · 1991
- Board of County Com'rs of Laramie Cty. v. DunneganWyoming Supreme Court · 1994
- Shelton v. Consumer Products Safety CommissionCourt of Appeals for the Eighth Circuit · 2002
- Greg Shelton, Shelton Wholesale, Inc., National Fireworks Association, Inc. v. Consumer Products Safety Commission United States Ann Brown, Chairman, U.S. Consumer Product Safety Commission Eric B. Ault, Director, Central Regional Center, U.S. Consumer Product Safety Division, United States of America v. Shelton Wholesale, Inc., a Missouri Corporation, Doing Business as Shelton Fireworks, Inc., Doing Business as Polaris Fireworks Polaris Fireworks, Inc., a Missouri Corporation Gregory P. SheltonCourt of Appeals for the Eighth Circuit · 2002