Kelsey v. Muskin Inc.

KEARSE, Circuit Judge:

Plaintiffs Donald Kelsey and his parents, David Kelsey and Kathy Kelsey, appeal from a final judgment of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, dismissing their complaint under the Consumer Product Safety Act (“CPSA” or the “Act”), 15 U.S.C. § 2051 et seq. (1982), and state law, seeking damages for injuries suffered by Donald Kelsey (“Kelsey”) upon his dive into an above-ground swimming pool. The defendants are the National Spa and Pool Institute, a trade association; 15 manufacturers and suppliers of above-ground…