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SURPRISE BRASSIERE CO. v. F. T. C.

No. 25181.

406 F.2d 711 (1969)

SURPRISE BRASSIERE CO., Inc., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

January 29, 1969.

Attorney(s) appearing for the Case

Peyton Ford, Washington, D. C., Maxwell E. Lopin, New York City, Ford, Ayer, Horan & Lester, Urban A. Lester, Michael S. Yaroschuk, Washington, D. C., of counsel, for petitioner.

J. B. Truly, Asst. Gen. Counsel, Jerold D. Cummins, Thomas F. Howder, Attys., FTC, Washington, D. C., James McI. Henderson, Gen. Counsel, Washington, D. C., for respondent.

Before GEWIN and BELL, Circuit Judges, and BOOTLE, District Judge.

BELL, Circuit Judge:

This case comes to us on a petition to review and set aside a cease and desist order of the Federal Trade Commission issued upon a complaint charging that Surprise violated § 2(d) of the Clayton Act, as amended by the Robinson-Patman Act. 15 U.S.C. 13(d).1 The petition will be denied and the order enforced.

Surprise is a manufacturer of brassieres and other foundation garments. The complaint alleged that...

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