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OKC CORP. v. F. T. C.

No. 705-70.

455 F.2d 1159 (1972)

OKC CORP., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

February 14, 1972.

Attorney(s) appearing for the Case

Robert G. Sugarman, New York City (Sullivan & Cromwell, John F. Arning, New York City and Charles P. Russ, III, of counsel, on the brief), for petitioner.

Montgomery K. Hyun, Washington, D. C. (Joseph Martin, Jr., Gen. Counsel, Harold D. Rhynedance, Jr., Asst. Gen. Counsel, and Frederick H. Mayer and Thomas F. Howder, Washington, D. C., on the brief), for respondent.

Before LEWIS, PHILLIPS and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue here to be determined is whether there is substantial evidence to support a final order of the Federal Trade Commission finding a violation of Section 7 of the Clayton Act, 15 U.S.C. § 18, and directing the acquiring corporation to totally divest itself of the stock of the acquired corporation, the Commission deeming total divestiture essential to a restoration of competition in the relevant cement and ready-mix concrete...

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