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LEHIGH PORTLAND CEMENT COMPANY v. FEDERAL TRADE COMMISSION

No. 13228.

416 F.2d 971 (1969)

LEHIGH PORTLAND CEMENT COMPANY, Appellant v. The FEDERAL TRADE COMMISSION et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided October 27, 1969.

Attorney(s) appearing for the Case

Frederick M. Rowe, Washington, D. C. (Edward W. Hyland, Armistead L. Boothe, Boothe, Dudley, Koontz, Blankingship & Stump, Alexandria, Va., and Kirkland, Ellis, Hodson, Chaffetz & Masters, Washington, D. C., on brief), for appellant.

Harold D. Rhynedance, Jr., Atty., Federal Trade Commission (William D. Ruckelshaus, Asst. Atty. Gen., Morton Hollander and Leonard Schaitman, Attorneys, Department of Justice, and Brian P. Gettings, U. S. Atty., on brief), for appellees.

Before BRYAN, CRAVEN, and BUTZNER, Circuit Judges.

PER CURIAM:

We affirm on the opinion of the district court, 291 F.Supp. 628. We think the district judge carefully considered, contrary to appellant's contention, the totality of the circumstances, and correctly determined that the suit was premature.

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