United States of America, State of California v. B. F. Goodrich Company
Opinion
Opinion
B. F. Goodrich Company (Goodrich) appeals from an order permitting the State of California and fifteen other states to inspect and copy federal grand jury materials.
In September 1976, a special grand jury was empaneled in the Northern District of California to investigate possible violations of the antitrust laws in Goodrich’s sale of tires in six western states: Arizona, California, Colorado, Nevada, Oregon, and Washington. The grand jury called many witnesses and subpoenaed thousands of documents. In February 1978, the grand jury completed its term. It did not return an indictment.
In August 1978, the United States filed this civil antitrust action charging Goodrich with retail and wholesale price fixing in the sale of its passenger tires in the six western states.
On September 22, 1978, California filed an antitrust action against Goodrich in the district court. On the same day, California filed a motion to inspect and copy all grand jury materials gathered during the investigation of Goodrich. California sought the grand jury materials “to assist the California Attorney General in bringing [its] action under sections 4 and 4C of the Clayton Act ( 15 U.S.C. §§ 15 ,…