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OBRON ATLANTIC CORP. v. BARR

No. 92-3294.

990 F.2d 861 (1993)

OBRON ATLANTIC CORPORATION, Plaintiff-Appellant, v. William BARR, Attorney General of the United States; James Rill, Assistant Attorney General of the United States; John Weedon, Chief, and Paul Binder and Edmund Round, Trial Attorneys, Great Lakes Office of the Department of Justice, Antitrust Division, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 18, 1993.

Attorney(s) appearing for the Case

Stephen J. Squeri (argued), Charles M. Kennedy, IV (briefed), Jones, Day, Reavis & Pogue, Cleveland, OH, for Obron Atlantic Corp.

Gregory J. Wallance, Kaye, Scholer, Fierman, Hays & Handler, New York City, Donald S. Scherzer, Kohrman, Jackson & Krantz, Cleveland, OH, for U.S. Bronze Powders, Inc.

John J. Powers, III, David Seidman (argued and briefed), U.S. Dept. of Justice, Chief Appellate Section, Antitrust Div., Washington, DC, David F. Hils, Office of the Dept. of Justice, Antitrust Div., Cleveland, OH, for William Barr.

David F. Hils, Office of Dept. of Justice, Antitrust Div., Cleveland, OH, for James Rill, John Weedon, Paul Binder, and Edmund Round.

Before: GUY and RYAN, Circuit Judges; and CHURCHILL, Senior District Judge.

RALPH B. GUY, Jr., Circuit Judge.

Obron Atlantic Corporation appeals the district court's refusal to enjoin federal prosecutors from using, in grand jury or other proceedings, conversations tape recorded by an Obron executive which may implicate Obron in a price-fixing scheme. The district court found that the executive had recorded the conversations "under color of law" so as to exempt the recordings from the prohibitions of the federal Wiretap Act. 18 U.S.C. §...

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