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ATLANTIC REFINING COMPANY v. F. T. C.

No. 15745.

344 F.2d 599 (1965)

The ATLANTIC REFINING COMPANY, a Corporation, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Sixth Circuit.

April 12, 1965.

Attorney(s) appearing for the Case

Harold F. Baker, Washington, D. C. (Edward F. Howrey, Robert W. Steele, Washington, D. C., on the brief; Howrey, Simon, Baker & Murchison, Washington, D. C., Roy W. Johns, Joel L. Carr, Philadelphia, Pa., of counsel), for petitioner.

Alvin L. Berman, Federal Trade Commission, Washington, D. C. (James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. General Counsel, Alvin L. Berman, Richard Campbell Foster, Federal Trade Commission, Washington, D. C., on the brief), for respondent.

Before PHILLIPS and EDWARDS, Circuit Judges, McALLISTER, Senior Circuit Judge.

EDWARDS, Circuit Judge.

Our problems with this petition would be considerable if the United States Supreme Court had not recently grappled with and decided the major questions which confront us. In Simpson v. Union Oil Co. of California, 377 U.S. 13, 84 S.Ct. 1051, 12 L.Ed.2d 98 (1964) the Supreme Court held that employment by a major gasoline company of consignment agreements with gas station owners to fix retail prices of gasoline...

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