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UNITED STATES v. ASSOCIATED MERCHANDISING CORPORATION

No. 66 Civ. 1156.

256 F.Supp. 318 (1966)

UNITED STATES of America, Petitioner, v. ASSOCIATED MERCHANDISING CORPORATION, Aimcee Wholesale Corporation, and Federated Department Stores, Inc., Respondents.

United States District Court S. D. New York.

July 13, 1966.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, for petitioner, Lawrence W. Schilling, Asst. U. S. Atty., Harold D. Rhynedance, Jr., Atty., Federal Trade Commission, of counsel.

Weil, Gotshall & Manges, New York City, for respondents Associated Merchandising Corp. and Aimcee Wholesale Corp., Ira Millstein, Irving Scher, New York City, of counsel.

Arnold & Porter, Washington, D. C., for respondent, Federated Department Stores, Inc., Norman Diamond, Murray Bring, New York City, of counsel.

OPINION

McLEAN, District Judge.

On August 12, 1965, a Hearing Examiner of the Federal Trade Commission issued an order directing respondents to produce certain documents by way of pre-trial discovery in a pending Federal Trade Commission proceeding charging respondents with violation of the Robinson-Patman Act (15 U.S.C. § 13). Respondents refused to comply with the order. Thereafter, by order dated January...

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