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BORDEN COMPANY v. F. T. C.

No. 20463.

339 F.2d 133 (1964)

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

United States Court of Appeals Fifth Circuit.

December 4, 1964.

Attorney(s) appearing for the Case

John F. Wood, Philip S. Campbell, Kent V. Lukingbeal, New York City, C. Brien Dillon, Moulton Goodrum, Jr., Houston, Tex., Robert C. Johnston, New York City, Cecil I. Crouse, New York City, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel, for petitioner.

Charles C. Moore, Jr., Atty., F.T.C., J. B. Truly, Asst. Gen. Counsel, F.T.C., James McI. Henderson, General Counsel, F.T.C., Washington, D. C., for respondent.

Before HUTCHESON, RIVES and BROWN, Circuit Judges.

JOSEPH C. HUTCHESON, Jr., Circuit Judge:

This is a petition by the Borden Company to review and set aside a cease and desist order of the Federal Trade Commission1 based upon its decision that Borden had violated Section 2(a) of the Clayton Act as amended by the Robinson-Patman Act, 15 U.S.C. § 13(a), the pertinent portion of which provides:

"It shall be unlawful * * * to discriminate in price between different purchasers...

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