CONSUMER FEDERATION OF AMERICA v. F. T. C.

Nos. 73-1574, 73-2138, 73-2239, 74-1172 to 74-1174, 74-1199.

515 F.2d 367 (1975)

CONSUMER FEDERATION OF AMERICA et al., Petitioners, v. FEDERAL TRADE COMMISSION, Respondent. CONSUMER FEDERATION OF AMERICA et al., Petitioners, v. FEDERAL TRADE COMMISSION, Respondent, Ted Bates & Company, Inc., and ITT Continental Baking Company, Inc., Intervenors. CONSUMER FEDERATION OF AMERICA et al., Petitioners, v. FEDERAL TRADE COMMISSION, Respondent, Ted Bates & Company, Inc., and ITT Continental Baking Company, Inc., Intervenors. ITT CONTINENTAL BAKING COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. Consumer Federation of America et al., Intervenors. TED BATES & COMPANY, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. ITT CONTINENTAL BAKING COMPANY, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. TED BATES & COMPANY, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1975.


Attorney(s) appearing for the Case

Victor H. Kramer, Washington, D. C., with whom Richard B. Wolf and John H. Harwood, II, Washington, D. C., was on the brief for petitioners in Nos. 73-2138 and 73-2239. Larry P. Ellsworth and Alan Mark Silbergeld, Washington, D. C., also entered appearances for petitioners in No. 73-1574.

John H. Schafer, III, Washington, D. C., with whom Stephen C. Rogers, Washington, D. C., was on the brief for petitioners in Nos. 74-1172 and 74-1174 and intervenor, ITT Continental Baking Co., Inc., in Nos. 73-2138 and 73-2239.

Marshall Cox, Washington, D.C., with whom Donald J. Mulvihill, Washington, D. C., and Laurence T. Sorkin, New York City, were on the brief for petitioner in Nos. 74-1173 and 74-1199.

Denis E. Hynes, Atty., Federal Trade Commission, with whom Gerald Harwood, Asst. Gen. Counsel and James P. Timony, Atty., Federal Trade Commission, were on the brief for respondent.

Thomas R. Trowbridge, III, New York City, filed a brief on behalf of American Association of Advertising Agencies, Inc., as amicus curiae in Nos. 74-1173 and 74-1199.

Before ROBINSON and ROBB, Circuit Judges, and SOLOMON, Senior United States District Judge for the District of Oregon.


Opinion for the Court filed by Senior District Judge SOLOMON.

SOLOMON, Senior District Judge:

The Consumer Federation of America (Consumers),1 ITT Continental Baking Company, Inc. (ITT Continental), and Ted Bates & Company, Inc. (Bates) petition this Court to review a Federal Trade Commission (FTC or Commission) order. For reasons set forth below, we dismiss for lack of jurisdiction the petitions of Consumers and we transfer...

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