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GROVE LABORATORIES v. FEDERAL TRADE COMMISSION

No. 25126.

418 F.2d 489 (1969)

GROVE LABORATORIES, a division of Bristol-Myers Company, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

October 14, 1969.

Attorney(s) appearing for the Case

Charles L. Gowen, King & Spalding, Atlanta, Ga., Gilbert H. Weil, Weil & Lee, New York City, for petitioner.

James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, David B. Morris, Charles C. Moore, Jr., Attys., F.T.C., Washington, D. C., for respondent.

Before COLEMAN and GOLDBERG, Circuit Judges, and SKELTON, Judge of the Court of Claims.

SKELTON, Judge:

The Petitioner, Grove Laboratories, is an unincorporated division of Bristol-Myers Company, a Delaware Corporation, with its principal place of business in New York, New York. It is engaged in the sale and distribution of two products for the treatment of hemorrhoids which are Pazo Formula Ointment and Pazo Formula Suppositories. The sale of these products is substantial and the sales and advertising in connection...

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