Exxon Corporation v. Federal Trade Commission

SWYGERT, Circuit Judge:

This appeal in a suit brought under the Freedom of Information Act 1 presents two questions. The first is whether the district court erred by denying plaintiff Exxon Corporation’s motion for discovery under Rule 56(f), Fed.R.Civ.P., concerning possible waiver by the Federal Trade Commission of its claimed exemption under the Act. Exxon contends that, as a result of that denial, the district court prematurely considered the FTC’s motion for summary judgment solely on the basis of the Commission’s affidavits. The second is whether the district court correctly granted…