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BORDEN COMPANY v. F. T. C.

No. 14622.

339 F.2d 953 (1964)

The BORDEN COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Seventh Circuit.

December 28, 1964.

Attorney(s) appearing for the Case

Stuart S. Ball, H. Blair White, and Thomas E. Kauper, Chicago, Ill., Cecil I. Crouse, Edwin Clark Davis, New York City, Joseph A. Greaves and Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel, for petitioner.

J. B. Truly, Asst. Gen. Counsel, Gerald J. Thain, Attorney, Federal Trade Commission, Washington, D. C., for respondent.

Before DUFFY and KILEY, Circuit Judges, and MAJOR, Senior Judge.

DUFFY, Circuit Judge.

In April 1959, the Federal Trade Commission (Commission) issued a complaint alleging petitioner, The Borden Company (Borden), violated Section 2(a) of the Clayton Act as amended by the Robinson-Patman Act, 15 U.S.C. § 13(a), by selling fluid milk in interstate commerce at different prices in eleven different communities (area price discrimination), and at different prices within ten communities (local price discrimination).

Borden...

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