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P. LORILLARD COMPANY v. F. T. C.

Nos. 12665, 12709.

267 F.2d 439 (1959)

P. LORILLARD COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. GENERAL FOODS CORPORATION, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Third Circuit.

Decided June 4, 1959.

Rehearing Denied August 4, 1959.

Attorney(s) appearing for the Case

Cyrus Austin, New York City (Appell, Austin & Gay, New York City, Frederick F. Mack, White Plains, N. Y., Robert McCormack, Perkins, Daniels, McCormack & Collins, New York City, on the brief), for petitioners.

Frederick H. Mayer, Atty., F.T.C., Washington, D. C. (Earl W. Kintner, Gen. Counsel, James E. Corkey, Asst. Gen. Counsel, F.T.C., Washington, D. C., on the brief), for respondent.

Malcolm A. Hoffmann, New York City (Rosenman, Goldmark, Colin & Kaye, Ralph F. Colin, Geraldine B. Zorbaugh, Robert J. Dunne, Norman Solovay, New York City, on the brief), for Columbia Broadcasting System, Inc., amicus curiae.

Before KALODNER and STALEY, Circuit Judges, and STEEL, District Judge.

STALEY, Circuit Judge.

We are asked by these petitions pursuant to Section 11 of the Clayton Act, 38 Stat. 734, 15 U.S.C.A. § 21, to review and set aside two substantially identical cease and desist orders issued by the Federal Trade Commission. The orders to be reviewed were issued by the Commission against General Foods Corporation and P. Lorillard Company,1 the petitioners, at the conclusion of proceedings upon complaints which...

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