Upholstered Furniture Action Council v. California Bureau of Home Furnishings

MEMORANDUM AND ORDER

On August 25,1975, this Court heard argument on the issue of preemption and ruled in favor of defendants with regard to dismissing the complaint insofar as it pertained to the issue of preemption. The final order was entered on October 9, 1975: Subsequent to the issuance of said order a three-judge court was convened-pursuant to 28 U.S.C. § 2281 to hear the constitutional issues. A hearing was held on October 24, 1975, by the three-judge panel. In their briefs, and at oral argument, plaintiffs urged the three-judge court to reconsider the preemption issue. Pursuant to Federal Rule of Civil Procedure 60(b), the three-judge panel considered the motion and re manded the cause to the single judge for reconsideration of the preemption issue.

This Court has reviewed carefully the preemption issue and is of the opinion that its prior determination was incorrect. For the reasons stated below, this Court rescinds its prior order granting the motion to dismiss and denying injunctive relief.

The basis of this Court’s prior determination was Section 1203 of the Flammable Fabrics Act, 15 U.S.C. §§ 1191-1204 which provides:

A review of the Code of Federal Regulations…