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F. T. C. v. FOOD TOWN STORES, INC.

Misc. No. 76-8264.

539 F.2d 1339 (1976)

FEDERAL TRADE COMMISSION, Petitioner, v. FOOD TOWN STORES, INC., and Lowe's Food Stores, Inc., Respondents.

United States Court of Appeals, Fourth Circuit.

August 13, 1976.

Attorney(s) appearing for the Case

Robert J. Lewis, Gen. Counsel, Gerald P. Norton, Deputy Gen. Counsel, Gerald Harwood, Asst. Gen. Counsel, David M. FitzGerald, F. T. C., Washington, D. C., for petitioner.

H. Grady Barnhill, Jr., Winston-Salem, N. C., Thomas M. Caddell, Salisbury, N. C., Rayner M. Hamilton, New York City, for respondents.

MEMORANDUM AND ORDER

WINTER, Circuit Judge.

Application has been made to me for an injunction pending appeal, pursuant to Rule 8, F.R.A.P., prohibiting the consummation of a merger between Food Town Stores, Inc. (Food Town) and Lowe's Food Stores, Inc. (Lowe's), which is scheduled to become effective by the filing of articles of merger at 5:00 p. m. on August 11, 1976. The district court denied relief, except to grant a temporary stay to provide the Court...

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