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MATERIAL HANDLING INSTITUTE, INC. v. McLAREN

No. 18403.

426 F.2d 90 (1970)

The MATERIAL HANDLING INSTITUTE, INC., Appellant. v. Richard W. McLAREN.

United States Court of Appeals, Third Circuit.

Decided May 8, 1970.

Attorney(s) appearing for the Case

Edmund K. Trent, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellant.

George Edelstein, Appellate Section, Antitrust Division, Department of Justice, Washington, D. C. (Richard W. McLaren, Asst. Atty. Gen., Gregory B. Hovendon, Susan H. Ehringhaus, Attys., Department of Justice, Washington, D. C., on the brief), for appellee.

Before SEITZ and ALDISERT, Circuit Judges, and LATCHUM, District Judge.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The Material Handling Institute, Inc. (Institute) appeals from a district court order denying its petition to set aside a Justice Department Civil Investigative Demand (CID). Jurisdiction for this appeal is predicated on section 5(d) of the Antitrust Civil Process Act, 15 U.S.C. § 1311 et seq.

The Institute, a nonprofit trade association, has been the subject of a Justice Department investigation...

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