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EXXON CORP. v. FEDERAL TRADE COMMISSION

No. 79-1995.

663 F.2d 120 (1980)

EXXON CORPORATION, Appellant v. FEDERAL TRADE COMMISSION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 3, 1980.

Attorney(s) appearing for the Case

Robert G. Abrams, Washington, D. C., with whom William Simon, John S. Kingdon, Stuart H. Harris and R. Bruce Beckner, Washington, D. C., were on the brief, for appellant.

Burton D. Fretz, Atty., Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellees.

Before WRIGHT, Chief Judge, SWYGERT, United States Circuit Judge for the Seventh Circuit, and ROBINSON, Circuit Judge.

Opinion for the Court filed by Circuit Judge SWYGERT.

SWYGERT, Circuit Judge:

This appeal in a suit brought under the Freedom of Information Act1 presents two questions. The first is whether the district court erred by denying plaintiff Exxon Corporation's motion for discovery under Rule 56(f), Fed.R.Civ.P., concerning possible waiver by the Federal Trade Commission of its claimed exemption under the Act. Exxon contends that, as...

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