F. T. C. v. TEXACO, INC.

Nos. 74-1547 to 74-1551, 74-1553 and 74-1554.

555 F.2d 862 (1977)

FEDERAL TRADE COMMISSION, Appellant, v. TEXACO, INC. FEDERAL TRADE COMMISSION, Appellant, v. STANDARD OIL COMPANY. FEDERAL TRADE COMMISSION, Appellant, v. The SUPERIOR OIL COMPANY, INC., a corporation. FEDERAL TRADE COMMISSION, Appellant, v. EXXON CORPORATION, a corporation. FEDERAL TRADE COMMISSION, Appellant, v. SHELL OIL COMPANY, a corporation. FEDERAL TRADE COMMISSION, Appellant, v. STANDARD OIL COMPANY OF CALIFORNIA, a corporation. FEDERAL TRADE COMMISSION, Appellant, v. MOBIL OIL CORPORATION, a corporation.

United States Court of Appeals, District of Columbia Circuit.

Decided February 23, 1977.

Certiorari Denied June 13, 1977.


Attorney(s) appearing for the Case

Gerald P. Norton, Deputy Gen. Counsel, F. T. C., Washington, D.C., with whom Rex E. Lee, Asst. Atty. Gen., Gerald Harwood, Asst. Gen. Counsel, F. T. C. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellant. Robert E. Duncan, William Cerillo, Attys., F. T. C. and John K. Villa, Atty., Dept. of Justice, Washington, D.C., also entered appearances for appellant.

William Simon, Washington, D.C., with whom Roger C. Simmons, Washington, D.C., and Robert L. Norris, Houston, Tex., were on the brief for appellee in No. 74-1550 also argued for appellees in Nos. 74-1547, 74-1548 and 74-1551. Robert F. McGinnis, New York City, was on the brief for appellee in No. 74-1547. John W. Howard, Chicago, Ill., was on the brief for appellee in No. 74-1548. J. Wallace Adair, Terrence C. Sheehy, Washington, D.C., and Thomas G. Johnson, Houston, Tex., were on the brief for appellee in No. 74-1551. W. C. Weitzel, Jr., New York City, also entered an appearance for appellee in No. 74-1547. Terrence C. Sheehy, Washington, D.C., also entered an appearance for appellee in No. 74-1550.

Lee Loevinger, Washington, D.C., with whom Raymond E. Vickery, Jr., Washington, D.C., was on the brief for appellee in No. 74-1553. Martin Michaelson, Washington, D.C., also entered an appearance for appellee in No. 74-1553.

Michael J. Henke, Washington, D.C., with whom Harry M. Reasoner, Houston, Tex., was on the brief for appellee in No. 74-1554.

Daniel A. Reznick, Washington, D.C., with whom Abe Krash, Washington, D.C., was on the brief for appellee in No. 74-1549.

Before BAZELON, Chief Judge, and WRIGHT, LEVENTHAL, ROBINSON, MacKINNON and WILKEY, Circuit Judges.


Argued En Banc April 19, 1976.

Opinion for the Court filed by BAZELON, Chief Judge.

Concurring Opinion filed by LEVENTHAL, Circuit Judge.

Dissenting Opinion filed by WILKEY, Circuit Judge, with whom MacKINNON, Circuit Judge, joins.

BAZELON, Chief Judge:

These consolidated cases are before the court en banc on appeals by the Federal Trade Commission (FTC) from orders of the district court granting enforcement in part and denying enforcement...

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