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BORDEN COMPANY v. F. T. C.

No. 20463.

381 F.2d 175 (1967)

The BORDEN COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

July 14, 1967.

Attorney(s) appearing for the Case

Philip S. Campbell, John E. F. Wood, Kent V. Lukingbeal, New York City, C. Brien Dillon, Moulton Goodrum, Jr., Houston, Tex., Robert C. Johnston, New York City, for petitioner.

J. B. Truly, Asst. Gen. Counsel, FTC, Charles C. Moore, Jr., Atty., FTC, Washington, D. C., for respondent.

Before HUTCHESON, RIVES and BROWN, Circuit Judges.

HUTCHESON, Circuit Judge.

We consider for the second time a petition by the Borden Company to review and set aside a cease-and-desist order of the Federal Trade Commission based on its decision that Borden violated Section 2(a) of the Clayton Act as amended by the Robinson-Patman Act, 15 U.S.C. Sec. 13(a).1 The order directs Borden to cease and desist from discriminating in price between purchasers of its Borden brand evaporated milk and...

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