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WESTINGHOUSE ELECTRIC CORP. v. CITY OF BURLINGTON, VERMONT

No. 18582.

351 F.2d 762 (1965)

WESTINGHOUSE ELECTRIC CORPORATION et al., Appellants, v. CITY OF BURLINGTON, VERMONT, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 9, 1965.

Attorney(s) appearing for the Case

Mr. William H. Dempsey, Jr., Washington, D. C., with whom Messrs. Francis M. Shea and Richard T. Conway, Washington, D. C., were on the brief, for appellants.

Mr. H. Robert Halper, Atty., Dept. of Justice, of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, for appellee Attorney General of the United States. Asst. Atty. Gen., William H. Orrick, Jr., and Messrs. Lionel Kestenbaum and Arthur J. Murphy, Jr., Attys., Dept. of Justice, were on the brief, for appellee Attorney General of the United States.

No brief was filed on behalf of appellee City of Burlington, Vt.

Before WASHINGTON, DANAHER and McGOWAN, Circuit Judges.

WASHINGTON, Circuit Judge.

On January 20, 1964, appellants, defendants below, served upon a representative of the Attorney General of the United States a subpoena duces tecum directing the production of documents relevant to the trial of certain treble-damage antitrust litigation, which might be in the files of the Department of Justice.1 The subpoena was issued as part of the "National Discovery Program" which had been devised...

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