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METEX CORP. v. ACS INDUSTRIES, INC.

No. 84-5159.

748 F.2d 150 (1984)

METEX CORPORATION, a Delaware corporation, Appellant, v. ACS INDUSTRIES, INC., a Rhode Island corporation, George Botvin, and the United States Department of Justice, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 14, 1984.

Attorney(s) appearing for the Case

Edward A. Zunz, Jr. (argued), Joan E. Goldstein, Riker, Danzig, Scherer & Hyland, Morristown, N.J., for appellant.

John M. Calimafde, Dennis J. Mondolino (argued), Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, Bruce I. Goldstein, Saiber, Schlesinger, Satz & Goldstein, Newark, N.J., for appellees ACS Industries and George Botvin.

W. Hunt Dumont, U.S. Atty., Newark, N.J., Richard K. Willard, Acting Asst. Atty. Gen., Leonard Schaitman, Marleigh D. Dover (argued), Dept. of Justice, Civil Div., Washington, D.C., for appellee U.S. Dept. of Justice.

Before SEITZ and BECKER, Circuit Judges, and TEITELBAUM, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This case presents the question whether we have appellate jurisdiction over an order of the district court denying motions for summary judgment and for a "mandatory injunction," where the effect of the order was to deprive a plaintiff in an unfair competition suit of access under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (1982), to certain materials developed by the Federal Bureau of Investigation...

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