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IN RE COORDINATED PRETRIAL PROCEEDINGS

No. 82-6092.

747 F.2d 1303 (1984)

In re COORDINATED PRETRIAL PROCEEDINGS IN PETROLEUM PRODUCTS ANTITRUST LITIGATION. STATE OF WASHINGTON, on behalf of itself and its public entities and residents, Plaintiff-Appellant, v. STANDARD OIL COMPANY OF CALIFORNIA; Texaco, Inc.; Union Oil Company of California; Atlantic Richfield Company; Exxon Corporation; Getty Oil Corporation; Gulf Oil Corporation; Mobil Oil Corporation; Phillips Petroleum Company; and Shell Oil Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1984.

Attorney(s) appearing for the Case

Jon P. Ferguson, John R. Ellis, Sr. Asst. Atty. Gen., Seattle, Wash., for plaintiff-appellant.

Robert A. Mittelstaedt, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendants-appellees.

Before KENNEDY, SKOPIL, and PREGERSON, Circuit Judges.

KENNEDY, Circuit Judge:

This appeal arises out of an antitrust action commenced by the State of Washington against certain oil companies on August 15, 1977. While the case was in the discovery stage, a television broadcast of the "NBC Nightly News" disclosed that an individual, presumably an oil company employee, had acted as a confidential informant by giving the State of Washington vital information regarding price fixing by defendants. Two days after the broadcast...

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