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LONE STAR CEMENT CORPORATION v. F.T.C.

No. 19458.

339 F.2d 505 (1964)

LONE STAR CEMENT CORPORATION, Appellant, v. The FEDERAL TRADE COMMISSION, Paul Rand Dixon, Philip Elman, A. Everette MacIntyre, John R. Reilly, Individually and as members of the Commission, Appellees.

United States Court of Appeals Ninth Circuit.

December 8, 1964.

Attorney(s) appearing for the Case

Herbert S. Little, Little, Gandy, Stephan, Palmer & Slemmons, Seattle, Wash., William L. McGovern, Robert E. Herzstein, Melvin C. Garbow, Arnold, Fortas & Porter, Washington, D. C., Chadbourne, Parke, Whiteside & Wolff, New York City, for appellant.

William H. Orrick, Jr., Asst. Atty. Gen., Lionel Kestenbaum, Donald L. Hardison, Attys., Dept. of Justice, Washington, D. C., James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, Harold D. Rhynedance, Jr., J. Lane Morthland, Attys., Federal Trade Comm., Washington, D. C., for appellees.

Before ORR, HAMLEY and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge:

This appeal is from an order entered in a suit for injunctive and declaratory relief arising out of a pending administrative proceeding entitled In the Matter of Lone Star Cement Corporation, F.T.C. Docket No. 8585. The order was favorable to the defendant, Federal Trade Commission,1 and plaintiff, Lone Star Cement Corporation (Lone Star), brought the appeal.

The administrative proceeding was commenced by...

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