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MOOG INDUSTRIES v. FEDERAL TRADE COMMISSION

No. 15370.

238 F.2d 43 (1956)

MOOG INDUSTRIES, Inc., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 29, 1956.

Attorney(s) appearing for the Case

Malcolm I. Frank, St. Louis, Mo. (Bernard Mellitz, St. Louis, Mo., James W. Cassedy, Washington, D. C., and Mellitz & Frank, St. Louis, Mo., were with him on the brief), for petitioner.

James E. Corkey, Atty., Federal Trade Commission, Washington, D. C. (Earl W. Kintner, Gen. Counsel, and Robert B. Dawkins, Asst. Gen. Counsel, and Janet D. Saxon, Atty., Federal Trade Commission, Washington, D. C., were with him on the brief), for respondent.

Before SANBORN, JOHNSEN and WHITTAKER, Circuit Judges.

WHITTAKER, Circuit Judge.

The Federal Trade Commission, after hearings, found that petitioner, which manufactures and sells automobile repair or replacement parts in interstate commerce, has granted to its customers, at the end of each annual period, a retroactive volume rebate consisting of a flat, graded, percentage of the aggregate dollar volume of their respective purchases in the preceding year, and that this practice has discriminated in price between different...

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