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SPERRY AND HUTCHINSON COMPANY v. F. T. C.

No. 66 Civ. 1506.

256 F.Supp. 136 (1966)

The SPERRY AND HUTCHINSON COMPANY, Plaintiff, v. The FEDERAL TRADE COMMISSION, Paul Rand Dixon, Philip Elman, Mary Gardiner Jones, A. Everette MacIntyre, John R. Reilly, and Walter K. Bennett, Defendants.

United States District Court S. D. New York.

June 14, 1966.

Attorney(s) appearing for the Case

Casey, Lane & Mittendorf, New York City, for plaintiff; Samuel M. Lane, Alan R. Wentzel, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for defendants; Lawrence W. Schilling, Asst. U. S. Atty., Harold D. Rhynedance, Jr., Atty., Federal Trade Commission, of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

This is an action pursuant to 28 U.S.C. §§ 1361 and 2201 for a declaratory judgment and relief in the nature of mandamus against the Federal Trade Commission. It concerns an adjudicative proceeding pending before the Commission in which plaintiff The Sperry and Hutchinson Company (Sperry) is the respondent.1

Sperry has now moved for a temporary injunction restraining...

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