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ASH GROVE CEMENT CO. v. F. T. C.

No. 75-3143.

577 F.2d 1368 (1978)

ASH GROVE CEMENT COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 13, 1978.

Attorney(s) appearing for the Case

David J. McKean (argued), Washington, D. C., for petitioner.

Jerold D. Cummins (argued), Washington, D. C., for respondent.

Before CARTER and HUG, Circuit Judges, and HAUK, District Judge.

Rehearing and Rehearing En Banc Denied July 13, 1978.

JAMES M. CARTER, Circuit Judge:

This is a petition by Ash Grove Cement Company to review an order of divestiture and a cease and desist order issued by the Federal Trade Commission (FTC or Commission). The Commission issued the orders after adjudicating that Ash Grove had violated § 7 of the Clayton Act by its acquisition of two ready-mix concrete companies. Ash Grove raises three contentions: (1)...

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