TICOR TITLE INSURANCE CO. V. FTC
814 F.2d 731 (D.C. Cir. 1987)
NATURE OF THE CASE: The FTC issued a complaint against Ticor (Ps), six title insurance companies, charging that they illegally restrained competition by fixing prices for title search and examination services. Ps brought this action seeking a declaration that section 5(b) of the Act is unconstitutional and an injunction against the ongoing prosecution and all future FTC (D) prosecutions. Ps appealed the dismissal of their complaint holding that it was not yet ripe for adjudication.
FACTS: Ps brought a facial constitutional challenge under the general federal question statute, 28 U.S.C. Sec. 1331 (1982), to the authority of D to initiate and prosecute a complaint against them. Ps also have nonconstitutional (or statutory) defenses to the D complaint, which they are currently asserting before an ALJ in an ongoing administrative proceeding.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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