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HOLLOWAY v. BRISTOL-MYERS CORPORATION

No. 71-1479.

485 F.2d 986 (1973)

Gladys G. HOLLOWAY et al., Appellants, v. BRISTOL-MYERS CORPORATION.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 1973.

Rehearing Denied November 7, 1973.

Attorney(s) appearing for the Case

Karen W. Ferguson, Chicago, Ill., for appellants.

Gilbert H. Weil, New York City, with whom William G. Greif, Washington, D. C., was on the brief, for appellee.

Before LEVENTHAL, ROBINSON and ROBB, Circuit Judges.

LEVENTHAL, Circuit Judge:

The central ruling in this case holds that private actions to vindicate rights asserted under the Federal Trade Commission Act may not be maintained.

Claiming to represent the interests of the consuming public and advertising audience,1 the appellants brought this class action against Bristol-Myers Corporation, the manufacturer of Excedrin, a widely sold non-prescription analgesic compound. They...

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