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FIRST NAT. CITY BANK v. F. T. C.

Nos. 997, 1130-1133, Dockets 76-6019, 76-6023, 76-6026, 76-6027, 76-6035.

538 F.2d 937 (1976)

FIRST NATIONAL CITY BANK et al., Plaintiffs-Appellants, v. FEDERAL TRADE COMMISSION et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 8, 1976.

Attorney(s) appearing for the Case

John E. Hoffman, Jr., New York City (Shearman & Sterling, Herman E. Compter, Frederick A. Gertz, New York City, of counsel), for plaintiffs-appellants.

Warren S. Grimes, Washington, D.C. (Robert J. Lewis, Gerald P. Norton, Gerald Harwood, William A. Horne, Washington, D.C., of counsel), for defendants-appellees.

Before MANSFIELD and VAN GRAAFEILAND, Circuit Judges, and WARD, District Judge.

VAN GRAAFEILAND, Circuit Judge:

The provisions of the Federal Trade Commission Act, empowering the FTC to prevent corporations from using unfair methods of competition and unfair or deceptive acts and practices, specifically exclude banks from the jurisdiction thus granted. 15 U.S.C. § 45(a)(6). The investigative authority given to the FTC by § 6(a) and (b) of the Act, 15 U.S.C. § 46(a) and (b), also excludes banks from the class whose records are subject...

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