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LIEBERMAN v. F.T.C.

No. 1036, Docket 85-6023.

771 F.2d 32 (1985)

Joseph I. LIEBERMAN, Attorney General, State of Connecticut, Hubert H. Humphrey III, Attorney General, State of Minnesota, Leroy S. Zimmerman, Attorney General, Commonwealth of Pennsylvania, Dennis J. Roberts II, Attorney General, State of Rhode Island, Appellees, v. FEDERAL TRADE COMMISSION, Appellant.

United States Court of Appeals, Second Circuit.

Decided August 20, 1985.

Attorney(s) appearing for the Case

John H. Carley, Gen. Counsel, F.T.C., Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Alan H. Nevas, U.S. Atty., for the District of Conn., W. Philip Jones, Assistant U.S. Atty., Hartford, Conn., Howard E. Shapiro, Deputy Gen. Counsel, Joanne L. Levine, Sandra M. Vidas, Attorneys, F.T.C., Washington, D.C., of counsel), for appellant.

Robert M. Langer, Asst. Atty. Gen., Hartford, Conn., (Joseph I. Lieberman, Atty. Gen. of Conn., Neil G. Fishman, Asst. Atty. Gen., Hartford, Conn., Peter Boorman, Law Intern; Hubert H. Humphrey III, Atty. Gen. of Minnesota, Sarah Mulligan, Asst. Atty. Gen., St. Paul, Minn., Leroy S. Zimmerman, Atty. Gen. of Pennsylvania, Eugene F. Waye, Deputy Atty. Gen., Harrisburg, Pa., Arlene Violet, Atty. Gen. of Rhode Island, Linda Buffardi, Sp. Asst. Atty. Gen., Providence, R.I., of counsel), for appellees.

Before MANSFIELD, OAKES and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

On a difficult question of statutory interpretation, seldom does a court of appeals have the benefit, as we do in this case, of guidance from two cogent, well-reasoned opinions going in opposite directions. The difficulty of the question is revealed not only in the direct conflict between these two decisions, but also in the three-to-two decision of the Federal Trade Commission ("FTC" or "Commission"), the administrative agency that deals with...

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