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ERIE SAND AND GRAVEL COMPANY v. F. T. C.

No. 13106.

291 F.2d 279 (1961)

ERIE SAND AND GRAVEL COMPANY, a corporation, Petitioner v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Third Circuit.

Decided May 29, 1961.

Attorney(s) appearing for the Case

John E. Britton, Erie, Pa. (A. Grant Walker, of Gifford, Graham, MacDonald & Illig, Erie, Pa., D. C. Daniel, of Daniel and Smith, Washington, D. C., on the brief), for petitioner.

Frederick H. Mayer, Washington, D. C. (Pgad B. Morehouse, Acting General Counsel, Alan B. Hobbes, Asst. Gen. Counsel, Washington, D. C., on the brief), for respondent.

Before BIGGS, Chief Judge, and STALEY and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This petition requires that we review an order of the Federal Trade Commission directing Erie Sand and Gravel Co. to divest itself of the recently purchased assets of another corporation which had been its competitor.

Erie is engaged, directly and through wholly owned subsidiaries, in the business of dredging and selling lake sand from the bottom of Lake Erie. Before 1955, Erie's principal competitor...

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