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BIDDLE PURCHASING CO. v. FEDERAL TRADE COMMISSION

No. 205.

96 F.2d 687 (1938)

BIDDLE PURCHASING CO. et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

May 2, 1938.

Attorney(s) appearing for the Case

Davies, Richberg, Beebe, Busick & Richardson, of Washington, D. C., and Kaufman & Weitzner, of New York City (Raymond N. Beebe and Adrien F. Busick, both of Washington, D. C., and Samuel H. Kaufman, of New York City, of counsel), for petitioners.

W. T. Kelley, Chief Counsel, Federal Trade Commission, of Washington, D. C., and Allen C. Phelps, Sp. Atty., Federal Trade Commission, of Brush, Colo., for respondent.

Felix H. Levy, of New York City (Felix H. Levy, J. G. L. Molloy, George B. Levy, and John D. Swartz, all of New York City, of counsel), amici curiæ.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

Complaint was issued by the Federal Trade Commission, charging petitioners with violating the provisions of the Clayton Act as amended by section 2(c) of the Robinson-Patman Price Discrimination Act, 15 U.S.C.A. § 13(c). Petitioner Biddle Purchasing Company is in the brokerage business as herein described. Some of the petitioners are buyers, while others are sellers of commodities bought and sold in interstate commerce through the Biddle...

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