DEERING MILLIKEN, INC. v. F. T. C.

Nos. 77-1942, 77-1943, 77-1947, 77-1953, 77-1952, 77-1956, 77-1728, 77-1930 and 77-1931.

647 F.2d 1124 (1978)

DEERING MILLIKEN, INC., Appellant, v. FEDERAL TRADE COMMISSION, et al. DEERING-MILLIKEN, INC., Appellant, v. FEDERAL TRADE COMMISSION, et al. In re FTC LINE OF BUSINESS REPORT LITIGATION NL Industries, Inc., Appellant. In re FTC LINE OF BUSINESS REPORT LITIGATION Federal Trade Commission Parties, Appellants. In re FTC CORPORATE PATTERNS REPORT LITIGATION Federal Trade Commission Parties, Appellants. In re FTC LINE OF BUSINESS REPORT LITIGATION Cyclops Corporation, Appellant. In re FTC LINE OF BUSINESS REPORT LITIGATION Appellants. In re FTC CORPORATE PATTERNS REPORT LITIGATION American Cyanamid Company, et al., Appellants. In re FTC LINE OF BUSINESS REPORT LITIGATION American Cyanamid Company, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Published July 14, 1980.


Attorney(s) appearing for the Case

Gerald P. Norton, Deputy Gen. Counsel, W. Dennis Cross, Asst. Gen. Counsel, Joanne L. Levine and Thomas A. Sheehan, Attys., F.T.C., Washington, D. C., were on the motion for issuance of mandate.

Edward T. Tait, Lee A. Rau, John M. Wood and Stuart M. Gerson, Washington, D. C., were on the opposition for American Air Filter Company, et al., in No. 77-1728 and 77-1732 to the motion for issuance of mandate.

Leslie W. Jacobs, Akron, Ohio, was on the opposition for Goodyear Tire and Rubber Company, et al., in No. 77-1728 and 77-1732 to the motion for issuance of mandate.

J. Randolph Wilson, John S. Koch and Steven S. Rosenthal, Washington, D. C., were on the opposition for Air Products and Chemicals, Inc., et al., in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Ira M. Millstein, Mark A. Jacoby and Salem M. Katsh, New York City, were on the opposition for Allegheny Ludlum Industries, Inc., et al., in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

William Simon, Harold F. Baker, David C. Murchinson, J. Wallace Adair, John DeQ, Briggs, and Stuart H. Harris, Washington, D. C., were on the opposition for American Cyanamid Company, et al., in Nos. 77-1728, 77-1732, 77-1930 and 77-1931 to the motion for issuance of mandate.

John C. Reitz was on the opposition for American Greetings Corporation, et al., in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Robert E. Jordan, III, Robert M. Goolrick, Washington, D. C., and Edward E. Vaill, Los Angeles, Cal., were on the opposition for Atlantic Richfield Company, et al., in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Philip A. Lacovara and Gerald Goldman, Washington, D. C., were on the opposition for Allen-Bradley Company in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

J. Stanley Stroud, Chicago, Ill., was on the opposition for CPC International, Inc., et al., in No. 77-1728 to the motion for issuance of mandate.

John F. Graybeal and Robert D. Houser, Jr., Washington, D. C., were on the opposition for Square D Company in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Andrew S. Krulwich was on the opposition for Hoffman-LaRoche, Inc., et al., in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Philip J. Davis, Chicago, Ill., was on the opposition for Chemetron Corporation, in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

James F. Rill, Washington, D. C., was on the opposition for Carpenter Technology Corporation, et al., in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

James F. Bromley, Washington, D. C., was on the opposition for United States Gypsum Company in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Ronald P. Wertheim, Washington, D. C., was on the opposition for Ashland Oil, Inc., in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Richard C. Seltzer, New York City, was on the opposition for GAF Corporation in No. 77-1728 to the motion for issuance of mandate.

Daniel K. Mayers and Neil J. King, Washington, D. C., were on the opposition for Babcock and Wilcox Company, et al., in No. 77-1728 to the motion for issuance of mandate.

William C. Collishaw was on the opposition for White Consolidated Industries, Inc., in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Samuel K. Abrams and Wilbur L. Fugate, Washington, D. C., were on the opposition for Cone Mills, Corporation, et al., in Nos. 77-1728 and 77-1732 to the motion for issuance and mandate.

David B. Lytle, Washington, D. C., was on the opposition for Hughes Tool Company, et al., in No. 77-1728 to the motion for issuance of mandate.

Ramsay D. Potts and Steven L. Meltzer, Washington, D. C., were on the opposition for Emerson Electric Company in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Milton Wolson, New York City, and S. White Rhyne, Jr., Washington, D. C., were on the opposition for SMC Corporation in Nos. 77-1728 and 77-1732 to the motion for issuance of mandate.

Paul J. Newlon, Victoria G. Traube and Michael A. Lampert, New York City, were on the opposition for Milliken and Company in Nos. 77-1728, 77-1732, 77-1942, 77-1943 and 77-1944 to the motion for issuance of mandate.

Fred L. Woodworth, Detroit, Mich., was on the opposition for Overhead Door Corporation, in No. 77-1728 to the motion for issuance of mandate.

Jesse P. Luton, Jr., John E. Bailey and Kevin F. Cunningham, Houston, Tex., were on the opposition for Gulf Oil Corporation in No. 77-1728 to the motion for issuance of the mandate.

Joseph W. Burns, New York City, was on the opposition for Ingersoll-Rand Company in No. 77-1728 to the motion for issuance of the mandate.

Albert R. Connelly, New York City, was on the opposition for Bethlehem Steel Corporation in Nos. 77-1728 and 77-1732 to the motion for issuance of the mandate.

Edwin S. Rockefeller and Alan M. Frey, Washington, D. C., were on the opposition for Norton Simon, Inc., in Nos. 77-1728 and 77-1732 to the motion for issuance of the mandate.

David J. Lewis, Bethesda, Md. and Elroy H. Wolff, Washington, D. C., were on the opposition for Kimberly-Clark Corporation, et al., in No. 77-1728 to the motion for issuance of the mandate.

Anthony B. Barton, New York City, was on the opposition for American Maize-Products Company in No. 77-1728 to the motion for issuance of the mandate.

Eve E. Bachrach was on the opposition for C.I.T. Financial Corporation, et al., in No. 77-1728 to the motion for issuance of the mandate.

Caswell O. Hobbs, III, Washington, D. C., was on the opposition for American Stores Company in No. 77-1732 to the motion for issuance of the mandate.

Robert J. Pope, Washington, D. C., was on the opposition for Continental Group, Inc., in No. 77-1732 to the motion for issuance of the mandate.

John T. Rafferty, New York City, was on the opposition for NL Industries, Inc. in No. 77-1947 to the motion for issuance of the mandate.

Thomas C. Morrison, New York City, was on the opposition for Johnson and Johnson in No. 77-1728 to the motion for issuance of the mandate.

Gilbert H. Weil and Robert L. Sherman, New York City, were on the opposition for Bristol-Myers Company in No. 77-1728 to the motion for issuance of the mandate.

Before BAZELON and ROBINSON, Circuit Judges, and AUBREY E. ROBINSON, Jr., United States District Judge for the District of Columbia.


ORDER

Upon consideration of the motion of the Federal Trade Commission for issuance of the mandate herein, and of the memoranda in support of and in opposition to the motion, it is, for the reasons expressed in the accompanying memorandum,

ORDERED by the Court that the motion for issuance of the mandate be and hereby is denied; and it is

Further ORDERED by the Court, sua sponte, that the District Court's orders reviewed herein be and hereby...

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