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UNITED STATES v. GAF CORP.

No. 208, Docket 78-6102.

596 F.2d 10 (1979)

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

United States Court of Appeals, Second Circuit.

Decided February 9, 1979.

Rehearing Granted in Part and Denied in Part March 15, 1979.

Attorney(s) appearing for the Case

Robert J. Wiggers, Dept. of Justice, Washington, D. C. (John H. Shenefield, Asst. Atty. Gen., Barry Grossman, Washington, D. C., and Ralph T. Giordano, Dept. of Justice, New York City, of counsel), for petitioner-appellant.

Stephen M. Axinn, New York City (Irene A. Sullivan, Skadden, Arps, Slate, Meagher & Flom, New York City, of counsel), for respondent-appellee.

Richard E. Carlton, New York City (Jerrold J. Ganzfried, Sullivan & Cromwell, New York City, of counsel), for intervenor-appellee.

Before MULLIGAN and GURFEIN, Circuit Judges, and WEINSTEIN, District Judge.

GURFEIN, Circuit Judge:

This is an appeal by the United States from an order of the District Court for the Southern District of New York (Hon. Richard Owen) denying a petition by the United States for enforcement of a civil investigative demand ("CID") upon GAF Corporation ("GAF"). United States v. GAF Corp., 449 F.Supp. 351 (1978). The amended Antitrust Civil Process Act, 15 U.S.C. § 1311 et seq., authorizes...

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