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SEVEN-UP COMPANY v. FEDERAL TRADE COMMISSION

No. 72-1680.

478 F.2d 755 (1973)

The SEVEN-UP COMPANY, Appellant, v. FEDERAL TRADE COMMISSION et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1973.

Attorney(s) appearing for the Case

Earl W. Kintner, and Mark R. Joelson, Washington, D. C., for appellant.

James P. Timony, Atty., F. T. C., Washington, D. C., for appellees.

Before LAY and STEPHENSON, Circuit Judges, and TALBOT SMITH, District Judge.

STEPHENSON, Circuit Judge.

The Seven-Up Company appeals from the order of the District Court dismissing appellant's claim for lack of subject matter jurisdiction. Seven-Up sought below to enjoin the Federal Trade Commission from further action in its proceedings against Seven-Up, alleging that the administrative proceeding itself is fatally defective without the joinder of Seven-Up's 470 bottlers as indispensible parties.

Seven-Up, along with several other...

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