BOC INTERNATIONAL LTD., f/k/a the British Oxygen Co. Ltd., BOC Financial Corp., BOC Holdings, Ltd., and British Oxygen Investments, Ltd., Petitioners,
v.
FEDERAL TRADE COMMISSION, Respondent.
AIRCO, INC., Petitioner,
v.
FEDERAL TRADE COMMISSION, Respondent.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 3, 1977.
Decided May 19, 1977.
Attorney(s) appearing for the Case
Jay Topkis, New York City (Lewis A. Kaplan, Moses Silverman, Bruce L. Owens, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for petitioner BOC.
W. Foster Wollen, New York City (R. Bruce MacWhorter, Danforth Newcomb, Gabrielle R. Campbell, Shearman & Sterling, New York City, of counsel), for petitioner Airco.
Jerold D. Cummins, Acting Asst. Gen. Counsel, F. T. C., Washington, D. C. (Robert J. Lewis, Gen. Counsel, Gerald P. Norton, Deputy Gen. Counsel, F. T. C., Washington, D. C., of counsel), for respondent.
Earl W. Kintner, Mark R. Joelson, Joseph P. Griffin, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., filed brief of the Government of the United Kingdom of Great Britain and Northern Ireland as amicus curiae, urging that order be set aside.
Before LUMBARD and OAKES, Circuit Judges, and BRYAN, District Judge.
United States Court of Appeals, Second Circuit.
OAKES, Circuit Judge:
The legal theory involved in this petition to review lies on the frontiers of antitrust law. See FTC v. Atlantic Richfield Co., No. 76-2250, 549 F.2d 289 at 293 (4th Cir. 1977). The Supreme Court has twice declined, United States v. Marine Bancorporation, Inc.,418 U.S. 602, 639, 94 S.Ct. 2856, 41 L.Ed.2d 978 (1974) [hereinafter Marine Bancorp.]; United...
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