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ASH GROVE CEMENT COMPANY v. F. T. C.

Nos. 73-2212, 74-1144.

511 F.2d 815 (1975)

ASH GROVE CEMENT COMPANY, Appellant, v. FEDERAL TRADE COMMISSION et al. ASH GROVE CEMENT COMPANY, a corporation, Appellant, v. FEDERAL TRADE COMMISSION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 1975.

Rehearing and Rehearing Denied June 23, 1975.

Attorney(s) appearing for the Case

Robert L. Williams, Washington, D. C., with whom David J. McKean, Washington, D. C., was on the brief for appellant.

Leonard Schaitman, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Donald Etra, Atty., Dept. of Justice, were on the brief for appellees.

Karl H. Buschmann, Washington, D. C., also entered an appearance for the F. T. C.

Before DANAHER, Senior Circuit Judge, WILKEY, Circuit Judge, and JUSTICE, United States District Court Judge for the Eastern District of Texas.

Rehearing and Rehearing En Banc Denied June 23, 1975.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

This is an action arising under the Freedom of Information Act (FOIA)1 as an outgrowth of an investigation by the Federal Trade Commission of Ash Grove Cement Company, plaintiff-appellant here, and others. Rather than remain on the defensive in the FTC proceeding, Ash Grove took the offensive...

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