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KROGER CO. v. F. T. C.

No. 20233.

438 F.2d 1372 (1971)

The KROGER CO., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Sixth Circuit.

February 25, 1971.

Attorney(s) appearing for the Case

Norman Diamond, Washington, D. C. (Daniel A. Rezneck, Patrick J. Macrory, Washington, D. C., on the brief), for petitioner. Arnold & Porter, Washington, D. C., George A. Leonard, Vice President and General Counsel The Kroger Company, Cincinnati, Ohio, of counsel.

Karl H. Buschmann, Federal Trade Commission, Washington, D. C. (Joseph Martin, Jr., Gen. Counsel, Harold D. Rhynedance, Jr., Asst. Gen. Council, Miles J. Brown, Atty., Federal Trade Commission, Washington, D. C., on the brief), for respondent.

Before TOM C. CLARK, Associate Justice, WADE H. McCREE, Jr., and WILLIAM E. MILLER, Circuit Judges.

CLARK, Associate Justice:

The Kroger Company brings this petition for review in which it complains of a cease and desist order of the Federal Trade Commission holding Kroger in violation of section 2(f) of the Clayton Act, 15 U.S.C. Sec. 13(f)1 for having knowingly induced and received from Beatrice Food Company discriminatory prices on fluid milk and cottage cheese as prohibited by section 2(a) of the Act, 15 U.S.C. Sec. 13(a).

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