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F. T. C. v. FOUCHA

Civ. A. No. 72-1060-S.

356 F.Supp. 21 (1973)

FEDERAL TRADE COMMISSION, Plaintiff, v. Norman J. FOUCHA et al., Defendants.

United States District Court, N. D. Alabama, S. D.

March 16, 1973.

Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Sara D. Hamilton, Asst. U. S. Atty., Birmingham, Ala., Gregory B. Novendon, Atty., Dept. of Justice, Ronald M. Dietric, Gen. Counsel, Harold D. Rhynedance, Jr., Asst. Gen. Counsel, Nicholas S. Reynolds, Atty., F. T. C., Washington, D. C., for plaintiff.

Gary P. Smith, Birmingham, Ala., Joseph J. Lyman, Washington, D. C., for defendants.

MEMORANDUM OF OPINION AND ORDER

POINTER, District Judge.

This case raises the question of who, by what procedure, can give the "approval of the Attorney General" to the issuance of an order directing a witness in an administrative hearing to give evidence that, but for 18 U.S.C.A. § 6001 et seq., would be protected by the Fifth Amendment.

This action was brought by the FTC under 15 U.S.C.A. § 49 for an order compelling four recalcitrant...

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