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FRITO-LAY, INC. v. F. T. C.

No. 23811.

380 F.2d 8 (1967)

FRITO-LAY, INC., Appellant, v. FEDERAL TRADE COMMISSION et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 21, 1967.

Attorney(s) appearing for the Case

Gilbert T. Adams, of Adams & Browne, Beaumont, Tex., Ernest P. Rogers, of Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Atlanta, Ga., Edward F. Howrey, Richard T. Colman, of Howrey, Simon, Baker & Murchison, Washington, D. C., for appellant.

James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, Harold D. Rhynedance, Jr., Atty. F. T. C., Harvey L. Zuckman, Alan S. Rosenthal, Robert V. Zena, Attys., Dept. of Justice, Washington, D. C., Charles K. Ruth, Asst. U. S. Atty., Beaumont, Tex., Barefoot Sanders, Asst. Atty. Gen., William Wayne Justice, U. S. Atty., Washington, D. C., for appellees.

Before THORNBERRY, GOLDBERG and DYER, Circuit Judges.

PER CURIAM.

This action was instigated by appellant, a respondent in a proceeding before the Federal Trade Commission brought pursuant to Section 7 of the Clayton Act, 15 U.S.C. § 18. Appellant alleged in the court below that the administrative proceeding was outside of the jurisdiction of the Commission and in violation of appellant's rights under the Administrative Procedure Act, 5 U.S.C. § 1001 et seq.1 The district court...

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