ATALANTA TRADING CORP. v. FEDERAL TRADE COM'N

No. 57, Docket 24535.

258 F.2d 365 (1958)

ATALANTA TRADING CORPORATION, a corporation, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Second Circuit.

Decided July 28, 1958.


Attorney(s) appearing for the Case

Martin A. Fromer, New York City (I. Martin Leavitt, Washington, D. C., on the brief), for petitioner.

E. K. Elkins, Washington, D. C. (Earl W. Kintner, Gen. Counsel, James E. Corkey, Asst. Gen. Counsel, Washington, D. C., on the brief), for respondent.

Before MEDINA and MOORE, Circuit Judges, and GALSTON, District Judge.


MOORE, Circuit Judge.

This is a petition by Atalanta Trading Corporation (referred to as "Atalanta") to set aside a cease and desist order of the Federal Trade Commission based upon a finding that it had violated Section 2(d) of the Robinson-Patman Act, 15 U.S.C.A. § 13(d), which prohibits a seller from granting promotional or advertising allowances on the sale of a product to one customer unless a proportionally equal allowance on the product is made available...

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