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WEARLY v. F. T. C.

Nos. 78-1115 to 78-1117, 78-1827, 79-1311 and 79-1976.

616 F.2d 662 (1980)

WEARLY, W. L., Ingersoll-Rand Company, The Torrington Company v. FEDERAL TRADE COMMISSION, Michael Pertschuk, Chairman, Calvin J. Collier, David A. Clanton, M. Elizabeth Hanford Dole, Paul Rand Dixon, Members Wearly, W. L., Ingersoll-Rand Company, The Torrington Company, Appellants in 78-1115 and 78-1827 Federal Trade Commission, Michael Pertschuk, Chairman, Calvin J. Collier, David A. Clanton, M. Elizabeth Hanford Dole, and Paul Rand Dixon, Members, Appellants in 78-1116, 78-1117, 79-1311 and 79-1976.

United States Court of Appeals, Third Circuit.

Decided February 8, 1980.

As Amended February 13, 1980.

As Amended On Denial of Rehearing and Rehearing March 20, 1980.

Attorney(s) appearing for the Case

Joseph W. Burns (argued), Martin J. Neville, Sam Radin, Lovejoy, Wasson, Lundgren & Ashton, New York City, for W. L. Wearly, et al.

Michael N. Sohn, Gen. Counsel, W. Dennis Cross, Asst. Gen. Counsel, Gerald P. Norton, Deputy Gen. Counsel, Mark W. Haase (argued), Arthur W. Adelberg, Washington, D.C., for the Federal Trade Commission.

Douglas M. Fryer, Moriarty, Mikkelborg, Broz, Wells & Fryer, Seattle, Wash., for amicus curiae, Wards Cove Packing Company, Inc.

Roger M. Milgrim, Robert A. Meister, New York City, for amicus curiae, Chemical Specialty Manufacturers Association, American Telephone and Telegraph Company, Burlington Industries, Inc., Chemical Manufacturers Association (formerly Manufacturing Chemist Association), The Dow Chemical Company, Dow Corning Corporation, E.I. DuPont de Nemours & Company, Eli Lilly and Company, General Instrument Corporation, Life Savers, Inc., Monsanto Company, National Association of Manufacturers, PPG Industries, Inc., Rilsan Corporation, Stauffer Chemical Company, Union Carbide Corporation and U.S. Steel Corporation.

Before HUNTER, WEIS and GARTH, Circuit Judges.

As Amended On Denial of Rehearing and Rehearing In Banc March 20, 1980.

OPINION OF THE COURT

WEIS, Circuit Judge.

Reflecting litigants' growing dissatisfaction with the Federal Trade Commission's alleged inadequate protection of trade secrets, plaintiffs sought injunctive relief against enforcement of a Commission subpoena duces tecum. The district court in New Jersey found serious deficiencies in the FTC practices but refused to stay enforcement...

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