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F. T. C. v. GUIGNON

No. 18716.

390 F.2d 323 (1968)

FEDERAL TRADE COMMISSION, Appellant, v. Paul C. GUIGNON, Divisional Vice President, Anheuser-Busch, Incorporated, and John H. Pahlman, Controller, Anheuser-Busch, Incorporated, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 6, 1968.

Attorney(s) appearing for the Case

Gerald J. Thain, Atty., Federal Trade Commission, Washington, D. C., for appellant; James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, and Charles C. Moore, Jr., Atty., Federal Trade Commission, were on the brief with Gerald J. Thain, Washington, D. C.

Harold F. Baker, Washington, D. C., for appellees; Terrence C. Sheehy, Washington, D. C., and Dwight D. Ingamells and Thomas J. Carroll, St. Louis, Mo., were with Harold F. Baker, Washington, D. C., on the brief.

Carl Eardley, Acting Asst. Atty. Gen., and Morton Hollander and Richard S. Salzman, Attys., Dept. of Justice, Washington, D. C., on brief and reply brief for United States as amicus curiae.

James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, and Charles C. Moore, Jr., and Gerald J. Thain, Attys. for the Federal Trade Commission, on brief for the Federal Trade Commission in response to brief for the United States as amicus curiae.

Before VOGEL, Chief Judge, BLACKMUN and HEANEY, Circuit Judges.

VOGEL, Chief Judge.

The Federal Trade Commission here appeals from the dismissal of its action seeking a District Court order to enforce two discovery subpoenaes issued pursuant to §§ 6 (b) and 9 of the Federal Trade Commission Act as amended, 15 U.S.C.A. § 45 et seq. We are principally concerned with whether the Federal Trade Commission, acting under § 9 of the Federal Trade Commission Act, 15 U.S.C.A. § 49, may, without the aid or consent...

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