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BORDEN, INC. v. F. T. C.

No. 73-1502.

495 F.2d 785 (1974)

BORDEN, INC., a corporation, Plaintiff-Appellant, v. FEDERAL TRADE COMMISSION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 1, 1974.

Attorney(s) appearing for the Case

Stuart S. Ball, H. Blair White, Chicago, Ill., for plaintiff-appellant.

Harold D. Rhynedance, Jr., William A. Doying, Attys., Federal Trade Commission, Washington, D. C., James R. Thompson, U. S. Atty., Chicago, Ill., for defendant-appellee.

Before KILEY, Senior Circuit Judge, SPRECHER, Circuit Judge, and JAMESON, Senior District Judge.

JAMESON, Senior District Judge.

Borden appeals from an order dismissing Count I of its two-count complaint seeking declaratory and injunctive relief to restrain the Federal Trade Commission (Commission) "from any further proceedings" upon Count III of an administrative complaint issued against Borden on October 8, 1971.1

In November, 1965 Borden began selling private label fluid milk products...

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