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NATIONAL PETROLEUM REFINERS ASSOCIATION v. F. T. C.

No. 72-1446.

482 F.2d 672 (1973)

NATIONAL PETROLEUM REFINERS ASSOCIATION et al. v. FEDERAL TRADE COMMISSION et al., Appellants. Environmental Defense Fund, Inc., Consumers Union, and Consumer Federation of America, Intervenors-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 1973.

Rehearing Denied August 6, 1973.

Attorney(s) appearing for the Case

Ronald M. Dietrich, Gen. Counsel, F. T. C., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Harold H. Titus, Jr., U. S. Atty., Harold D. Rhynedance, Jr., Asst. Gen. Counsel, Miles J. Brown, Atty., F. T. C., and Morton Hollander and William D. Appler, Attys., Dept. of Justice, were on the brief, for appellants.

William Simon, Washington, D. C., with whom J. Wallace Adair, John Bodner, Jr., Francis A. O'Brien and Roger C. Simmons, Washington, D. C., were on the brief, for appellees.

Gladys Kessler, Washington, D. C., for intervenors-appellants.

Before BAZELON, Chief Judge, and WRIGHT and ROBINSON, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge.

This case presents an important question concerning the powers and procedures of the Federal Trade Commission. We are asked to determine whether the Commission, under its governing statute, the Trade Commission Act, 15 U.S. C. § 41 et seq. (1970), and specifically 15 U.S.C. § 46(g), is empowered to promulgate substantive rules of business conduct or, as it terms them, "Trade Regulation Rules." The effect of these rules...

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