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FEDERAL TRADE COMMISSION v. TUTTLE

No. 232, Docket 24325.

244 F.2d 605 (1957)

FEDERAL TRADE COMMISSION, Petitioner-Appellant, v. W. W. TUTTLE, Resident Manager, Ernst & Ernst, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 2, 1957.

Attorney(s) appearing for the Case

Earl W. Kinter, General Counsel, Robert B. Dawkins, Asst. Gen. Counsel, John T. Loughlin, Atty., Washington, D. C. (Daniel M. Friedman, Atty., Department of Justice, Washington, D. C., of counsel), for appellant.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City (S. Hazard Gillespie, Jr., and Robert B. Fiske, Jr., New York City, of counsel), for appellee.

Before MEDINA and HINCKS, Circuit Judges, and LEIBELL, District Judge.

LEIBELL, District Judge.

The question to be decided on this appeal concerns the power of the Federal Trade Commission under Section 9 of the Federal Trade Commission Act, 15 U.S.C.A. § 49, to subpoena documents and records of third parties "In the Matter of A. G. Spalding & Bros. Inc.," a corporation against which the Commission had filed a complaint, charging it with a violation of Section 7 of the Clayton Act, T. 15 U.S.C. § 18.1...

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