Legal Opinion

Bristol-Myers Company v. The Federal Trade Commission

Court of Appeals for the Second Circuit

Decided November 10, 1972No. 304, Docket 72-1969PublishedCited by 36 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

Bristol-Myers Company appeals from an order of the United States District Court for the Southern District of New York, Arnold Bauman, /., dismissing a complaint which sought to compel the Federal Trade Commission to issue certain subpoenas allegedly required by 5 U.S.C. § 555(d).1 We hold that the district court properly refused to grant the relief requested, and we affirm.

The factual background is not disputed. In April 1972, the Commission notified Bristol-Myers of its intention to issue a formal complaint charging the company with having employed unfair or deceptive…

2Cases cited4 opinions

  1. McKart v. United StatesSupreme Court of the United States · 1969
  2. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  3. Frito-Lay, Inc. v. Federal Trade CommissionCourt of Appeals for the Fifth Circuit · 1967
  4. Texaco, Inc. v. Federal Trade CommissionCourt of Appeals for the Fifth Circuit · 1962

3Cited by36 opinions

  1. Randolph-Sheppard Vendors of America v. Caspar W. Weinberger, National Council of State Agencies for the Blind v. Caspar W. WeinbergerCourt of Appeals for the D.C. Circuit · 1986
  2. First Jersey Securities, Inc. v. BergenCourt of Appeals for the Third Circuit · 1979
  3. Pepsico, Inc. v. Federal Trade Commission, Pepsi-Cola Bottling Company of Corvallis, Inc., Plaintiff-Intervenor-Appellant v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1972
  4. Borden, Inc., a Corporation v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1974
  5. Lyons v. WeinbergerDistrict Court, S.D. New York · 1974

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