E.I. Dupont De Nemours & Company, Inc. v. Christopher

431 F.2d 1012 (5th Cir. 1970)

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Nature of the Case

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Facts

Ds are photographers. Ds were hired by an unknown third party to take aerial photographs of new construction at the Beaumont plant of P. Sixteen photographs of the facility were taken from the air on March 19, 1969, and these photographs were later developed and delivered to the third party. P contacted Ds that same afternoon and asked them to reveal the name of the person or corporation requesting the photographs. Ds refused to disclose this information, giving as their reason the client's desire to remain anonymous. Ps sued alleging that Ds had wrongfully obtained photographs revealing P's trade secrets which they then sold to the undisclosed third party. The area photographed was a plant designed to produce methanol by a secret process, and because the plant was still under construction parts of the process were exposed to view from directly above the construction area. P asked for damages to cover the loss it had already sustained as a result of the wrongful disclosure of the trade secret and sought temporary and permanent injunctions prohibiting any further circulation of the photographs already taken and prohibiting any additional photographing of the methanol plant. Depositions were taken, and Ds refused to disclose the name of the person to whom they had delivered the photographs. P then filed a motion to compel an answer to this question and all related questions. The court granted P's motion to compel. Ds' moved for an interlocutory appeal. It was granted.