STERLING DRUG INC., Appellant,
v.
FEDERAL TRADE COMMISSION et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 1, 1971.
Decided September 22, 1971.
As Amended September 27, 1971.
Attorney(s) appearing for the Case
Mr. Lionel Kestenbaum, Washington, D. C., with whom Messrs. Herbert A. Bergson and Murray J. Belman, Washington, D. C., were on the brief, for appellant.
Mr. Robert V. Zener, Atty., Department of Justice, with whom Mr. Thomas A. Flannery, U. S. Atty., was on the brief, for appellees. Messrs. Harold D. Rhynedance, Jr., Alvin L. Berman, and Robert E. Duncan, Attys., Federal Trade Commission, also entered appearances for appellees.
Messrs. Jerrold G. Van Cise, New York City, and Donald J. Mulvihill, Washington, D. C., filed a brief on behalf of Miles Laboratories, Inc., as amicus curiae urging affirmance.
Before BAZELON, Chief Judge, and TAMM and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
TAMM, Circuit Judge:
In a case now in progress before the Federal Trade Commission (hereinafter "the Commission"), Sterling Drug, Inc. (hereinafter "Sterling") has been charged with a violation of section 7 of the Clayton Act, 15 U.S.C. § 18 (1964), in connection with its acquisition of Lehn & Fink Products Corporation (hereinafter "Lehn & Fink"). In the course of the proceeding the Commission denied Sterling...
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