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Civil Procedure Keyed to Babcock
Consumers Union of United States v. Consumer Product Safety Commission
Citation:
590 F.2d 1209 (D.C. Cir. 1978)Facts
Plaintiff Union filed a Freedom of Information Act (FOIA) suit against Defendant Commission for their failure to disclose information relating to the safety of tvs. The District Court for the District of Columbia found that there was no case or controversy present in the suit because Defendant Commission was open to sharing data with Plaintiff. But, a lot of the information fell under the purview of a preliminary injunction given to tv manufacturers through a reverse FOIA action filed in the District Court for the District of Delaware. Plaintiff Union appealed the District Court of Columbia’s finding. The Appeals for the District of Columbia Circuit reversed, holding that the preliminary injunction was temporary and that Plaintiff Union’s suit could continue because the District Court for the District of Delaware had not yet rendered a final judgement in that case. The Delaware District Court eventually issued a permanent injunction while the case was pending certiorari from the Supreme Court. The Supreme Court remanded the case to the District of Columbia Circuit Court of Appeals for it to make a finding on Plaintiff Union’s ability to bring the FOIA suit in light of the Delaware court’s permanent injunction.
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