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CHATTANOOGA PHARM. ASS'N v. UNITED STATES DEPT. OF JUSTICE

No. 16214.

358 F.2d 864 (1966)

CHATTANOOGA PHARMACEUTICAL ASS'N., an unincorporated, non-profit organization, by Mr. Charles Armstrong, President, Petitioner-Appellee, v. UNITED STATES DEPT. OF JUSTICE, Antitrust Division, Lewis Bernstein, Homer W. Hanscom and Howard B. Rockman, Attorneys, United States Dept. of Justice, Washington, D. C. as Custodians or Deputy-Custodians, Respondents-Appellants.

United States Court of Appeals Sixth Circuit.

April 20, 1966.

Attorney(s) appearing for the Case

Irwin A. Seibel, Department of Justice, Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., Robert B. Hummell, Attorney, Department of Justice, Washington, D. C., on brief, for appellants.

Sizer Chambliss, Chattanooga, Tenn., William R. Weeks, II, Chattanooga, Tenn., on brief; Wagner, Weeks & Nelson, Chattanooga, Tenn., of counsel, for appellee.

Before O'SULLIVAN, Circuit Judge, and McALLISTER and CECIL, Senior Circuit Judges.

PER CURIAM.

This is an appeal by the United States Department of Justice and its representatives from a District Court order setting aside a Civil Investigative Demand made upon the petitioner-appellee, Chattanooga Pharmaceutical Association. The Demand was issued pursuant to the Antitrust Civil Process Act, Title 15 U.S.C. §§ 1311-1314.

Appellee is an unincorporated association of retail druggists of Chattanooga, Tennessee, which, it may be assumed...

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