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3d Cir 5th Cir action affirm agency agent agreement alleged Amendment antitrust appellee apply arbitration argues arrest attorney Atty award bankruptcy benefits Board cert charged Circuit Judge Cite as 670 claim clause Commission complaint conclude constitutional contract Corp corporation counsel Court of Appeals Criminal damages debtor decision defendant denied determine district court District Judge Dun & Bradstreet duty employees enforcement evidence F.Supp fact Federal FERC filed finding Fourth Amendment grade retention granted hearing held issue Jetco jurisdiction jury L.Ed Labor Relations ment motion Muko Nixon officer opinion parties payments person petition petitioners plaintiff price discrimination procedure proceeding protection pursuant question rates reasonable record regulations rehearing remand retail RKO's rule S.Ct seizure Service Sherman sion statute summary judgment supra Supreme Court tion tive trial court union United States Court United States District violation