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DOWTY DECOTO, INC. v. DEPARTMENT OF NAVY

No. 88-3732.

883 F.2d 774 (1989)

DOWTY DECOTO, INC., a Washington corporation, Plaintiff-Appellee, v. DEPARTMENT OF the NAVY; John Webb, Secretary of the Navy; and J.R. Bartel, Captain, U.S.N., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1989.

Attorney(s) appearing for the Case

Peter R. Maier, Civ. Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Richard R. Johnson, Velikanje, Moore & Shore, Inc., Yakima, Wash., for plaintiff-appellee.

Robert A. Brunette and Hassel Hill, Jr., Glendale, Cal., for amicus curiae Proprietary Industries Ass'n.

Before SCHROEDER, BEEZER and BRUNETTI, Circuit Judges.

SCHROEDER, Circuit Judge:

The Navy appeals from a district court's permanent injunction prohibiting disclosure of a subcontractor's technical data. We affirm the injunction, holding that under any applicable regulations, the subcontractor never surrendered disclosure rights to the Navy.

The challenged injunction was obtained by the appellee Dowty Decoto, a manufacturer of aeronautical equipment. Since 1971 Dowty Decoto has supplied the Navy with "repeatable...

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