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MATTOX v. F.T.C.

No. 84-1768.

752 F.2d 116 (1985)

Jim MATTOX, Attorney General for the State of Texas, Plaintiff-Appellant, v. FEDERAL TRADE COMMISSION, Defendant-Appellee, and Chevron Corporation, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

January 21, 1985.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Thomas M. Mengler, Paul Rich, Asst. Attys. Gen., Austin, Tex., for plaintiff-appellant.

Robert M. Langer, Neil G. Fishman, Asst. Attys. Gen., Hartford, Conn., for amicus curiae States of Alaska, Cal., Conn., etc.

Joanne L. Levine, Sandra McKeown Vidas, Howard E. Shapiro, F.T.C., Washington, D.C., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for F.T.C.

Harry M. Reasoner, Houston, Tex., Pillsbury, Madison & Sutro, Richard W. Odgers, San Francisco, Cal., for Chevron.

Before CLARK, Chief Judge, WISDOM, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Section 7A(h) of the Hart-Scott-Rodino Act of 1976 provides that premerger notification materials obtained under that act may not be "made public". The Attorney General of Texas nevertheless seeks premerger information from the Federal Trade Commission; he argues that state attorneys general who promise to keep premerger documents in confidence are not part of the § 7A(h) "public". The district court accepted the FTC's...

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