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UNITED STATES v. GAF CORP.

No. 77 Civ. 2984.

449 F.Supp. 351 (1978)

UNITED STATES of America, Petitioner, v. GAF CORPORATION, Respondent, Eastman Kodak Company, Intervenor.

United States District Court, S. D. New York.

April 12, 1978.

Attorney(s) appearing for the Case

Bernard Wehrmann, Atty., Dept. of Justice, by Gerald H. Rubin, Charles V. Reilly, Eugene P. Hanson, Daniel J. Pearlman, New York City, of counsel, for petitioner United States.

Skadden, Arps, Slate, Meagher & Flom, Washington, D. C. by John C. Fricano, Washington, D. C., of counsel, Simpson, Thacher & Barlett, Washington, D. C., for respondent GAF Corp.

Donovan, Leisure, Newton & Irvine, Washington, D. C. by John Doar, James A. McGee, of counsel, for intervenor Eastman Kodak Co.

OPINION AND ORDER

OWEN, District Judge.

This is a case of first impression arising under the 1976 amendments to the Antitrust Civil Process Act. At issue is whether compulsory process, called a civil investigative demand, can be used by the Antitrust Division of the United States Department of Justice to obtain from one party to a treble damage suit certain documents its adversary has furnished it pursuant to pre-trial discovery.

In April 1973, GAF...

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