Defendant flew his plane over a chemical plant being built by duPont and took numerous photos of the construction. Although the plant was guarded on the ground from outsiders, it was not guarded from aerial inspection. The photographs revealed a lot about secret processes.
Defendant said that if duPont cared, it would have covered the construction site. Does duPont have a legitimate trade secret action against the photographer? [E. I. duPont deNemours v. Christopher, 431 F.2d 1012, 5th Cir. (1970)]