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F. T. C. v. NATIONAL TEA CO.

No. 79-1503.

603 F.2d 694 (1979)

FEDERAL TRADE COMMISSION, Appellant, v. NATIONAL TEA COMPANY, National (Holding) Company, National Supermarkets, Inc., and Applebaums' Food Markets, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1979.

Attorney(s) appearing for the Case

Edward F. Glynn, Jr. and W. Dennis Cross, Gen. Counsel, Federal Trade Commission, Joseph Tasker, Jr., Atty., Bureau of Competition, Federal Trade Commission, Washington, D. C., and Stephen G. Palmer, Asst. U.S. Atty., Minneapolis, Minn., for Federal Trade Commission.

Francisca A. Sabadie, James T. Halverson, Gregory S. Bentley and Thomas M. Geisler, Jr., Shearman & Sterling, New York City, and Robert F. Henson, Henson & Efron, Minneapolis, Minn., for National Tea Company.

Victor S. Friedman, Fried, Frank, Harris, Shriver & Jacobson, New York City, and Milton H. Altman, Altman, Weiss & Bearmon, St. Paul, Minn., for Applebaums' Food Markets, Inc.

Before HEANEY, BRIGHT and STEPHENSON, Circuit Judges.

HEANEY, Circuit Judge.

The Federal Trade Commission asks this Court to reverse a judgment of the United States District Court for the District of Minnesota. That court refused the FTC's request to temporarily enjoin National Tea Company, a large retail grocery chain, operating stores in the Minneapolis-St. Paul metropolitan area, from acquiring Applebaum's Food Markets, Inc., another retail grocery chain operating in the same area. We refuse to reverse because we...

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