AMERICAN BAR ASS'N v. F.T.C.

Nos. 04-5257, 04-5258.

430 F.3d 457 (2005)

AMERICAN BAR ASSOCIATION, Appellee v. FEDERAL TRADE COMMISSION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 2005.


Attorney(s) appearing for the Case

Stephanie R. Marcus, Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Gregory G. Katsas, Acting Assistant Attorney General, Mark B. Stern, Attorney, Kenneth L. Wainstein, U.S. Attorney, Brian J. Sonfield, Assistant U.S. Attorney, John D. Graubert, Acting General Counsel, Federal Trade Commission, John F. Daly, Deputy General Counsel, and Michael D. Bergman, Attorney. R. Craig Lawrence and Michael J. Ryan, Assistant U.S. Attorneys, entered appearances.

David L. Roll argued the cause for appellee American Bar Association. With him on the brief was Rhonda M. Bolton.

Steven C. Krane argued the cause and filed the brief for appellee New York State Bar Association.

Peter Buscemi was on the brief for amici curiae State and Local Bar Associations in support of appellees.

George T. Patton, Jr. and Bryan H. Babb were on the brief for amicus curiae The Conference of Chief Justices in support of appellee American Bar Association.

Before: GINSBURG, Chief Judge, and SENTELLE and ROBERTS, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

The Federal Trade Commission ("FTC" or "the Commission") appeals from an order of the District Court granting summary judgment in consolidated cases brought by the appellees American Bar Association and the New York State Bar Association (collectively, "ABA" or "the Bar Associations"). The Bar Associations sought a declaratory judgment that the FTC's decision that attorneys engaged...

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