LIGGETT & MYERS, INC. v. F. T. C.

No. 76-1771.

567 F.2d 1273 (1977)

LIGGETT & MYERS, INCORPORATED, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1977.


Attorney(s) appearing for the Case

Joseph O. Rogers, Jr., Manning, S.C., and Harvey D. Myerson, New York City (Rogers, Riggs & Rickenbaker, Manning, S.C., C. Kenneth Shank, Jr., Kurt V. Blankmeyer and Webster & Sheffield, New York City, on brief), for petitioner.

Denis E. Hynes, Atty., F.T.C., Washington, D. C. (Robert J. Lewis, Gen. Counsel, Gerald P. Norton, Deputy Gen. Counsel, Jerold D. Cummins, Acting Asst. Gen. Counsel, Washington, D. C., on brief), for respondent.

Before BRYAN, Senior Circuit Judge, and CRAVEN and WIDENER, Circuit Judges.


ALBERT V. BRYAN, Senior Circuit Judge:

This Section 7 Clayton Act case1 is addressed to the line of commerce implicating the production and sale of dog food engaged in by appellant Liggett & Myers, Inc., of Delaware, through its wholly owned subsidiary, Allen Products Company, on the one part, and on the other, by Perk Foods Co., Inc., also of Delaware. The acquisition of Perk by Liggett in 1969 is here assailed by the Federal Trade...

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