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UNITED STATES v. PAPERCRAFT CORP.

No. 75-2052.

540 F.2d 131 (1976)

UNITED STATES of America v. PAPERCRAFT CORPORATION, a Pennsylvania Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 9, 1976.

Attorney(s) appearing for the Case

Abe Fortas, Fortas & Koven, Ian D. Volner, Cohn & Marks, Washington, D. C., J. Tomlinson Fort, James H. Hardie, Pittsburgh, Pa., Eric F. Stoer, Washington, D. C., Reed Smith Shaw & McClay, Pittsburgh, Pa., for appellant.

Thomas E. Kauper, Asst. Atty. Gen., Robert B. Nicholson, Robert J. Wiggers, Attys., Department of Justice, Washington, D. C., for appellee; Joseph J. Gercke, Assistant Director, Bureau of Competition, Wayne E. Kaplan, Ronald Baylor Rowe, William L. Haynes, Attys., Federal Trade Commission, Washington, D. C., of counsel.

Before ALDISERT, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal requires us to review a civil penalty assessed against Papercraft Corporation for failure to comply with a divestiture order of the Federal Trade Commission. The district court set the penalty at $7,500 for each of 509 days of determined noncompliance—for a total penalty of $3,817,500.1 We reverse and remand.

I.

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