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KENNECOTT COPPER CORP. v. F. T. C.

No. 75-1699.

542 F.2d 801 (1976)

KENNECOTT COPPER CORPORATION, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided August 4, 1976.

Rehearing and Rehearing Denied October 12, 1976.

Attorney(s) appearing for the Case

William Piel, Jr., Sullivan & Cromwell, New York City, and Donald C. McKinlay of Holme, Roberts & Owen, Denver, Colo. (Arthur H. Dean, Roy H. Steyer and John L. Warden of Sullivan & Cromwell, New York City, William Simon, J. Wallace Adair, John Bodner, Jr., and Francis A. O'Brien of Howrey & Simon, Washington, D. C., on the brief), for petitioner.

W. Baldwin Ogden, Atty., F. T. C., Washington, D. C. (Robert J. Lewis, Gen. Counsel, Gerald Harwood, Asst. Gen. Counsel, and Robert E. Duncan, Atty. F. T. C., Washington, D. C., on the brief), for respondent.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 12, 1976.

WILLIAM E. DOYLE, Circuit Judge.

The cause is before us on this occasion on the motion of Kennecott seeking to persuade this court to modify its affirmance and order of enforcement of the FTC order requiring Kennecott to divest itself of the Peabody Coal Company which it had acquired.

It was on September 15, 1972, that we approved the order of the FTC requiring Kennecott Copper Company to divest...

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