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FOREMOST DAIRIES, INC. v. F. T. C.

No. 20726.

348 F.2d 674 (1965)

FOREMOST DAIRIES, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

July 14, 1965.

Attorney(s) appearing for the Case

Milam, LeMaistre, Ramsay & Martin, by George W. Milam, Jacksonville, Fla., White & Case, by Edgar E. Barton, Macdonald Flinn, Thomas B. Leary, New York City, for petitioner.

J. Lane Northland, Atty., F. T. C., J. B. Truly, Asst. Gen. Counsel, F. T. C., James McI. Henderson, Atty., F. T. C., Washington, D. C., for respondent.

Before TUTTLE, Chief Judge, GEWIN, Circuit Judge, and McRAE, District Judge.

GEWIN, Circuit Judge.

The petitioner, Foremost Dairies, Inc., is a processor, manufacturer, distributor, and retailer of dairy products in interstate commerce. As of June 1959 it owned and operated 59 processing plants in 24 states and maintained 182 sales, receiving and distribution facilities in 29 states. On May 23, 1963, the Federal Trade Commission ordered Foremost to cease and desist from discriminating "in the price of fluid milk of like grade and quality by...

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