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MARTIN MARIETTA CORPORATION v. F. T. C.

No. 15618.

376 F.2d 430 (1967)

MARTIN MARIETTA CORPORATION, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 8, 1967.

Attorney(s) appearing for the Case

Harold F. Baker, Terrence C. Sheehy, Washington, D. C., for petitioner, Howrey, Simon, Baker & Murchison, Washington, D. C., Clarence W. Miles, Clark C. Vogel, Edwin V. Petz, New York City, of counsel.

J. B. Truly, Asst. Gen. Counsel, and Charles C. Moore, Jr., Atty., F. T. C., James McI. Henderson, Gen. Counsel, Washington, D. C., for the Federal Trade Commission.

Before HASTINGS, Chief Judge, and SCHNACKENBERG, and SWYGERT, Circuit Judges.

Rehearing Denied May 8, 1967, en banc.

SWYGERT, Circuit Judge.

Martin Marietta Corporation petitions for review of an order of the Federal Trade Commission granting in part and denying in part a motion for modification of an order of divestiture previously entered by consent. The question presented concerns the reviewability of the Commission's order.

The Commission issued a complaint against the petitioner1 in January...

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