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F. T. C. v. BRITISH OXYGEN CO., LTD.

No. 74-1492.

529 F.2d 196 (1976)

FEDERAL TRADE COMMISSION, Appellee, v. BRITISH OXYGEN COMPANY, LTD., et al., Appellants.

United States Court of Appeals, Third Circuit.

Reargued November 4, 1975.

Decided January 21, 1976.

Attorney(s) appearing for the Case

Lewis A. Kaplan, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for appellants.

Shearman & Sterling, New York City, R. Franklin Balotti, Richards, Layton & Finger, Wilmington, Del., for Airco, Inc.

Potter, Anderson & Corroon, Wilmington, Del., for British Oxygen Co., Ltd., BOC Financial Corp., BOC Holdings, Ltd. and British Oxygen Investments, Ltd.

Calvin J. Collier, Gerald Harwood, Karl H. Buschmann, William A. Cerillo, Washington, D. C., and Bruce Thall, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Reargued en banc November 4, 1975.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

In 1973, Congress enacted § 13(b) of the Federal Trade Commission Act, 15 U.S.C. § 53(b).1 The statute gives the Federal Trade Commission power to seek preliminary injunctions in the district court, pending the outcome of administrative cease and desist proceedings, in certain cases where there is reason to believe that...

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