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F. T. C. v. FOOD TOWN STORES, INC.

No. 76-1903.

547 F.2d 247 (1977)

FEDERAL TRADE COMMISSION, Appellant, v. FOOD TOWN STORES, INC., and Lowe's Food Stores, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 4, 1977.

Attorney(s) appearing for the Case

Gerald Harwood and Davis M. Fitzgerald, Washington, D. C., for appellant.

H. Grady Barnhill, Jr., Winston Salem, N. C., and Thomas M. Caddell, Salisbury, N. C., for appellees.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

PER CURIAM:

All parties to this appeal agree that events occurring since the district court's order have mooted the controversy. The only issue remaining before this Court is the method to be used for disposing of the case: whether the appeal should be dismissed or the district court's judgment should be vacated as moot; if the latter, should an order that was entered granting an injunction pending the appeal also be vacated? The parties have filed cross motions....

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