Edward J. FLEMING, III, et al., Appellants,
v.
FEDERAL TRADE COMMISSION, et al.
MILTON BRADLEY COMPANY, et al., Appellants,
v.
FEDERAL TRADE COMMISSION, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 29, 1981.
Decided January 12, 1982.
Attorney(s) appearing for the Case
Francis D. Dibble, Jr., Springfield, Mass., with whom Charles S. Cohen and Richard P. Bock, Springfield, Mass., for Edward J. Fleming, III, and Charles A. Tobin and Edward A. Geltman, for Milton Bradley Co., were on the brief for appellants.
Joanne L. Levine, Atty., F.T.C., Washington, D.C., with whom Charles F. C. Ruff, U. S. Atty., Royce C. Lamberth, Kenneth M. Raisler, Valerie K. Schurman, Asst. U. S. Attys., Ernest J. Isenstadt, Acting Gen. Counsel, F.T.C., and W. Dennis Cross, Asst. Gen. Counsel, F.T.C., Washington, D. C., were on the brief, for appellees.
Charles O. Monk, II, Asst. Atty. Gen., State of Md., Baltimore, Md., with whom Mark D. Gately, Asst. Atty. Gen., State of Md., Baltimore, Md., William J. Guste, Jr., Atty. Gen., State of La., New Orleans, La., Robert Abrams, Atty. Gen., State of N. Y., New York City, Mark White, Atty. Gen., State of Tex., Austin, Tex., Judith W. Rogers, Corp. Counsel, District of Columbia, Charles Reischel, Deputy Corp. Counsel, District of Columbia, and Timothy J. Shearer, Asst. Corp. Counsel, District of Columbia, Washington, D. C., were on the brief, for appellees States, et al.
Before J. EDWARD LUMBARD, Senior Circuit Judge for the Second Circuit, and ROBB and MIKVA, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
These consolidated appeals present issues of first impression to this court under the Federal Trade Commission Improvements Act of 1980 (the Improvements Act). During its investigation of anticompetitive activities (price fixing) in the school art supplies field, the Federal Trade Commission (FTC) procured documentary materials by the exercise...
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