Legal Opinion
C.P. Chemical Company, Inc. v. United States of America and U.S. Consumer Product Safety Commission
Court of Appeals for the Second Circuit
Decided January 26, 1987No. 313, Docket 86-6132PublishedCited by 58 opinions
1Opinion of the Court
MINER, Circuit Judge:
C.P. Chemical Company appeals from a judgment of the United States District Court for the Southern District of New York (Brieant, J.) dismissing its complaint against the United States and the Consumer Product Safety Commission (“Commission” or “agency”) under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (“FTCA”), and the Consumer Product Safety Act, 15 U.S.C. § 2053(h) (“CPSA”), for lack of subject matter jurisdiction and failure to state a claim. The suit arose from the Commission’s ban on the use of formaldehyde-emitting foam insulation, 47 Fed. Reg.…
2Cases cited9 opinions
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- Myers & Myers, Inc. v. United States Postal ServiceCourt of Appeals for the Second Circuit · 1975
- Salvador Caban v. United StatesCourt of Appeals for the Second Circuit · 1982
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3Cited by58 opinions
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- General Motors Corporation v. Robert Abrams, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1990
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