KATHARINE GIBBS SCH. (INC.) v. F. T. C.

Nos. 1123, 1124, 1126 to 1130, 1135, 1137 to 1139, 1141 and 1310, Dockets 78-4204, 78-4206, 78-4209, 78-4210, 78-4214, 78-4215, 79-4007, 79-4017, 79-4039, 79-4046, 79-4057, 79-4064 and 79-4073.

612 F.2d 658 (1979)

KATHARINE GIBBS SCHOOL (INCORPORATED), et al., Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided December 12, 1979.

Rehearing Denied March 17, 1980.


Attorney(s) appearing for the Case

Abe Fortas, James M. Johnstone, Washington, D. C., Steven J. Olson, St. Paul, Minn., Lewis M. Popper, Washington, D. C., for petitioners.

Gerald P. Norton, Washington, D. C., for respondent; General Counsel, F.T.C., Washington, D. C., on brief.

Linden & Deutsch, New York City, on brief, for petitioners Katharine Gibbs School (Incorporated) and Katharine Gibbs School-Huntington, Inc.

Rogin, Nassau, Caplan, Lassman & Hirtle, Hartford, Conn., on brief, for petitioner Computer Processing Institute.

William H. Cusick, McGraw-Hill, Inc., New York City, on brief, for petitioner McGraw-Hill, Inc.

Rogers & Wells, New York City, on brief, for petitioner Berkeley School of Westchester, Inc.

Mataraso & Macaffer, Albany, N. Y., on brief, for petitioner Albany Business College, Inc.

Fortas & Koven, Washington, D. C., on brief, for petitioner National Home Study Council.

Wald, Harkrader & Ross, Sachs, Greenbaum & Taylor, Washington, D. C., on brief, for petitioner Association of Independent Colleges and Schools.

Kirkland & Ellis, Bernard H. Ehrlich, Washington, D. C., on brief, for petitioners National Association of Trade and Technical Schools and National Association of Cosmetology Schools.

Dechert, Price & Rhoades, Philadelphia, Pa., on brief, for petitioner National Association of Cosmetology Schools.

Oppenheimer, Wolff, Foster, Sheppard & Donnelly, St. Paul, Minn., on brief, for petitioner Control Data Corporation.

Baker & Hostetler, Washington, D. C., on brief, for petitioner Cleveland Institute of Electronics, Inc.

Before VAN GRAAFEILAND and NEWMAN, Circuit Judges, and BONSAL, District Judge.


Rehearing En Banc Denied March 17, 1980.

VAN GRAAFEILAND, Circuit Judge:

Twelve petitions have been filed with this Court seeking review of a Trade Regulation Rule issued by the Federal Trade Commission on December 18, 1978, entitled "Proprietary Vocational and Home Study Schools." See 16 C.F.R. § 438.1 The Rule's broadly stated purpose, as set forth in the Commission's Statement of Basis and Purpose,

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