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FEDERAL TRADE COMMISSION v. STANDARD BRANDS

No. 73, Docket 21742.

189 F.2d 510 (1951)

FEDERAL TRADE COMMISSION v. STANDARD BRANDS, Inc.

United States Court of Appeals Second Circuit.

Decided March 30, 1951.

On Rehearing June 4, 1951.

Attorney(s) appearing for the Case

W. T. Kelley, John W. Carter, Jr., Washington, D. C. (James W. Cassedy, Washington, D. C., of counsel), for petitioner.

W. Crosby Roper, Jr., Charles F. Barber, Washington, D. C. (Newell W. Ellison, Washington, D. C., of counsel), for respondent, Henry Weigl, New York City, Covington, Burling, Rublee, O'Brian & Shorb, Washington, D. C., of counsel.

Before L. HAND, Chief Judge and SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Affirmance of the order.

Respondent makes no substantial argument against affirmance except as to clause (4). That clause does not contain the minimum qualifying language required by the statute, i. e., "where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce in which any of [respondent's] customers are...

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