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NATIONAL BISCUIT COMPANY v. F. T. C.

No. 25231.

400 F.2d 270 (1968)

NATIONAL BISCUIT COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

August 19, 1968.

Attorney(s) appearing for the Case

Henry B. Troutman, Jr., Atlanta, Ga., Peter B. Archie, J. Randolph Wilson, Washington, D. C., Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., for petitioner.

J. B. Truly, Asst. Gen. Counsel, Fed. Trade Comm., Thomas F. Howder, Atty., Fed. Trade Comm., Washington, D. C., James McI. Henderson, Gen. Counsel, Gerald J. Thain, Henry M. Banta, Jr., Attys., for the Federal Trade Commission.

Before WISDOM and COLEMAN, Circuit Judges, and RUBIN, District Judge.

WISDOM, Circuit Judge:

The National Biscuit Company (Nabisco) brings this petition to review and set aside a 1954 modification order of the Federal Trade Commission, the FTC having commenced enforcement proceedings under that order in 1967. The Commission asks for affirmance of the order and that enforcement proceedings be allowed to proceed.1

The threshold issue, acknowledged by both parties, concerns the Commission's cease and...

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