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GAF CORP. v. EASTMAN KODAK CO.

No. 73 Civ. 1893.

415 F.Supp. 129 (1976)

GAF CORPORATION, Plaintiff, v. EASTMAN KODAK COMPANY, Defendant.

United States District Court, S. D. New York.

As Amended May 18, 1976.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, New York City, for plaintiff; Cyrus R. Vance, John A. Guzzetta, Leslie R. Bennett, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendant; John Doar, New York City, of counsel.

Bernard Wehrmann, Atty., Dept. of Justice, New York City, for the United States of America, Amicus Curiae; Charles V. Reilly, New York City, of counsel.

OPINION

FRANKEL, District Judge.

The court is called upon to decide whether the plaintiff, GAF Corporation, is free to turn over to the Government papers of Eastman Kodak Company obtained through discovery in this private antitrust suit. The Government's interest, pressed by the Antitrust Division of the Department of Justice, is in use of these materials for potential "law enforcement" purposes not clearly specified or specifiable in advance.

The...

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