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EXXON CORP. v. F. T. C.

Nos. 77-1302 to 77-1304.

589 F.2d 582 (1978)

EXXON CORPORATION, Appellant, v. FEDERAL TRADE COMMISSION et al. KERR-McGEE CORPORATION, Appellant, v. FEDERAL TRADE COMMISSION et al. UNION CARBIDE CORPORATION, Appellant, v. FEDERAL TRADE COMMISSION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 19, 1978.

Rehearing Denied December 6, 1978.

As Amended December 19, 1978.

Attorney(s) appearing for the Case

Roberts B. Owen, Washington, D. C., for appellant Exxon Corp.; argued on behalf of all appellants.

J. Randolph Wilson and Steven S. Rosenthal, Washington, D. C., were on the brief, for appellant Kerr-McGee Corp.

James H. Wallace, Jr., and Thomas C. Arthur, Washington, D. C., were on the brief, for appellant Union Carbide Corp.

Gerald P. Norton, Acting Gen. Counsel, F. T. C., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Joel S. Perwin, Asst. U. S. Attys., Jerold D. Cummins, Acting Asst. Gen. Counsel, and Arthur W. Adelberg, Atty., F. T. C., Washington, D. C., were on the brief, for appellees.

Michael R. Lemov, Washington, D. C., was on the brief, for amicus curiae, Congressman John E. Moss, urging affirmance.

Before ROBINSON, MacKINNON and ROBB, Circuit Judges.

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Exxon appeals from the district court's refusal to grant injunctive or declaratory relief and from its subsequent denial of a stay pending appeal. At issue is whether any protective measures should be imposed on the Federal Trade Commission (hereafter the "Commission" or the "FTC") with respect to the divulgence to Congress of "trade secrets" obtained by it under the compulsion...

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