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S.O.U.P., Inc. v. Federal Trade Comm'n

Citation: 1 ELR 20436
No. No. 24,476, 449 F.2d 1142/(D.C. Cir., 07/27/1971)

Request of corporation formed to advance the public interest for permission to pursue appeal from F.T.C. decision in forma pauperis denied. A corporation which may otherwise qualify under the statute as "a person . . . unable to pay" the costs of a lawsuit should not be exempted from these costs where it was formed by individuals who are themselves unable to qualify for exemption. In his dissent, Chief Judge Bazelon concludes that the in forma pauperis statute is applicable to corporations and that petitioner has made a sufficient showing of lack of corporate resources to warrant exemption.

Counsel for S.O.U.P., Inc.
John Banshaf
Room 301
2000 H Street, N.W.
Washington, D.C. 20006
(202) 676-7229

Counsel for the F.T.C.
James Timony Attorney
Office of General Counsel
Federal Trade Commission
Washington, D.C. 20580
(202) 962-3729

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and WILKEY, Circuit Judge.

Statement of Senior Circuit Judge FAHY in support of the order of the court, in which Circuit Judge WILKEY concurs.