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IN RE BEEF INDUSTRY ANTITRUST LITIGATION

No. 78-3344.

589 F.2d 786 (1979)

In re BEEF INDUSTRY ANTITRUST LITIGATION. Neal SMITH et al., Plaintiffs-Appellants, v. The NATIONAL PROVISIONER, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 2, 1979.

Attorney(s) appearing for the Case

Stanley M. Brand, General Counsel to the Clerk, U. S. House of Representatives, Washington, D. C., Steven R. Ross, Asst. Counsel to the Clerk, U. S. House of Representatives, Washington, D. C., John M. Fitzgibbons, Sp. Counsel, Committee of Small Business, U. S. House of Representatives, Washington, D. C., for plaintiffs-appellants.

Strasburger & Price, Wilson W. Herndon, Dallas, Tex., Kasmir, Willingham & Krage, Dallas, Tex., for defendant-appellee Liaison Counsel for Food Retailers in the District C.

Kirkland & Ellis, Daniel Edelman, Fred H. Bartlit, Jr., Jeffrey S. Davidson, Chicago, Ill., Newman, Shook & Newman, Lawrence G. Newman, Dallas, Tex., for The National Provisioner, Inc.

Edward W. Rothe, James T. Malysiak, Chicago, Ill., for Iowa Beef Processors, Inc.

John C. Dods, Kansas City, Mo., for MBPXL Corp.

Roger E. Podesta, New York City, for Flavorland Industry, Inc.

Edward C. Stringer, St. Paul, Minn., for Spencer Foods, Inc.

Before THORNBERRY, FAY and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The chairmen of two subcommittees of the House of Representatives and the Clerk of the House1 seek to intervene in an antitrust suit pending in district court among private litigants in order to gain access to documents subpoenaed by the subcommittees from a party to the litigation. The documents were obtained by the subpoenaed party through discovery. Because the district court refused to modify its standing...

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