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INVESTMENT CO. INSTITUTE v. FEDERAL DEPOSIT

No. 82-1721.

728 F.2d 518 (1984)

INVESTMENT COMPANY INSTITUTE v. FEDERAL DEPOSIT INSURANCE CORPORATION, an agency of the United States, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Marc Johnston, Attorney, Dept. of Justice, Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellants.

David M. Miles, Washington, D.C., with whom Harvey L. Pitt, Henry A. Hubschman and James H. Schropp, Washington, D.C., were on brief, for appellee.

Edmund C. Case, Boston, Mass., with whom Martha S. Samuelson, Boston, Mass., was on brief, for amicus curiae urging reversal.

Before WRIGHT, BORK and SCALIA, Circuit Judges.

Opinion PER CURIAM.

Dissenting opinion filed by Circuit Judge J. SKELLY WRIGHT.

PER CURIAM:

The Federal Deposit Insurance Corporation appeals from a district court order — in the form of a discovery order — compelling it to enjoin a third party's allegedly illegal conduct and to consider, then rule upon the merits of, a petition filed by the Investment Company Institute which seeks to have that third party's conduct declared unlawful...

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