F. T. C. v. MILLER

No. 76-1499.

549 F.2d 452 (1977)

FEDERAL TRADE COMMISSION, Petitioner-Appellee, v. Ralph H. MILLER, President, et al., Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 24, 1977.

As Amended on Denial of Rehearing March 16, 1977.


Attorney(s) appearing for the Case

John C. Christie, Jr., Chicago, Ill., Paul D. Borghesani, Elkhart, Ind., for respondents-appellants.

Robert J. Lewis, Jr., Gen. Counsel, Denis E. Hynes, Atty., F. T. C., Washington, D. C., John R. Wilks, U. S. Atty., Fort Wayne, Ind., for petitioner-appellee.

Before CLARK, Associate Justice (Retired), SPRECHER and TONE, Circuit Judges.


TONE, Circuit Judge.

The issues before us are whether common carries subject to the Interstate Commerce Act are exempt from the Federal Trade Commission's investigatory power and, if so, whether that exemption may be asserted by a carrier as a defense in a subpoena enforcement proceeding. The District Court answered the second question in the negative and ordered enforcement of subpoenas the FTC had served. We reverse.

Respondent Morgan Drive Away, Inc. is...

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