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GREAT ATL. & PAC. TEA CO., INC. v. F. T. C.

No. 922, Docket 76-4179.

557 F.2d 971 (1977)

The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided June 21, 1977.

Attorney(s) appearing for the Case

Denis G. McInerney, New York City (Cahill Gordon & Reindel, Raymond L. Falls, Jr., Thomas F. Curnin and Ira J. Dembrow, New York City, on the brief), for petitioner.

W. Baldwin Ogden, F. T. C., Washington, D.C. (Robert J. Lewis, Gen. Counsel, Gerald P. Norton, Deputy Gen. Counsel, and Jerold D. Cummins, Acting Asst. Gen. Counsel, F. T.C., Washington, D.C., on the brief), for respondent.

Before ANDERSON and MESKILL, Circuit Judges, and MARKEY, Chief Judge, U.S. Court of Customs and Patent Appeals.

ROBERT P. ANDERSON, Circuit Judge:

This is a petition for review of an order of the Federal Trade Commission (FTC or the Commission) in the matter of The Great Atlantic & Pacific Tea Co., Inc., ___ F.T.C. ___ [1973-76 Transfer Binder] CCH Trade Reg.Rep. ¶ 21,150 (1976) (hereinafter cited as A & P). The Commission found that A & P violated § 2(f) of the Robinson-Patman Act, as amended, 15 U.S.C. § 13(f)1

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