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SCM CORPORATION v. FEDERAL TRADE COMMISSION

No. 53, Docket 77-4078.

565 F.2d 807 (1977)

SCM CORPORATION, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided December 23, 1977.

Attorney(s) appearing for the Case

William E. Willis, New York City (Sullivan & Cromwell, New York City, James E. Tyrrell, Jr., New York City, of counsel, Milton Wolson, New York City, on the brief), for petitioner.

David C. Shonka, Atty., F. T. C., Washington, D. C. (Michael N. Sohn, Gen. Counsel, Gerald P. Norton, Deputy General Counsel, Jerold D. Cummins, Acting Asst. Gen. Counsel, Washington, D. C., on the brief), for respondent.

Before MOORE, FEINBERG and MULLIGAN, Circuit Judges.

FEINBERG, Circuit Judge:

This petition by SCM Corporation to set aside an order of the Federal Trade Commission raises an issue of first impression in this court: Whether section 8 of the Clayton Act, regulating interlocking directorates, applies to corporations as well as to individual directors. We hold that it does, but because the FTC may have applied the wrong legal standard in entering a cease and desist order against...

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