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DAIRYMEN, INC. v. F. T. C.

Nos. 81-5411, 81-5679.

684 F.2d 376 (1982)

DAIRYMEN, INC., Plaintiff-Appellant, v. FEDERAL TRADE COMMISSION, Michael Pertschuk, Paul Rand Dixon, David A. Clanton, Patricia P. Bailey and Robert Pitofsky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 30, 1982.

Rehearing Denied September 30, 1982.

Attorney(s) appearing for the Case

D. Paul Alagia, Jr., Joseph M. Day, John S. Keck, Barnett & Alagia, Louisville, Ky., Richard A. Gladstone, William S. Glading, Barnett, Alagia & Carey, Morton Hollander, Washington, D. C., for plaintiff-appellant in both cases.

Ronald E. Meredith, Acting U. S. Atty., Louisville, Ky., Michael Tilley, Ann D. Nunn, John R. Wilson, Asst. U. S. Attys., Ted Hoppock, F.T.C., Washington, D. C., for defendants-appellees in No. 81-5411.

Morton Hollander, Barnett, Alagia & Carey, Washington, D. C., for plaintiff-appellant in No. 81-5679.

Joanne L. Levine, F.T.C., Washington, D. C., for defendants-appellees in both cases.

Ernest J. Isenstadt, W. Dennis Cross, Howard E. Shapiro, F.T.C., Washington, D. C., for defendants-appellees in No. 81-5679.

Before EDWARDS, Chief Judge, KENNEDY, Circuit Judge, and CELEBREZZE, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Chief Judge.

Appellant Dairymen, Inc., appeals from two judgments denying it interlocutory relief from certain proceedings initiated by the Federal Trade Commission. In July 1980, the FTC issued an administrative complaint against Dairymen, an agricultural cooperative, after it had acquired Farmbest Foods, Inc., a dairy processor that had been privately owned, as opposed to cooperatively owned. The complaint alleged that the acquisition...

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