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BROWN & WILLIAMSON TOBACCO CORP. v. F.T.C.

No. 82-5594.

710 F.2d 1165 (1983)

BROWN & WILLIAMSON TOBACCO CORPORATION, Plaintiff-Appellant, v. FEDERAL TRADE COMMISSION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1983.

Rehearing and Rehearing Denied September 19, 1983.

Attorney(s) appearing for the Case

Martin London (argued), Paul, Weiss, Rifkind, Wharton & Garrison, New York City, George Dudley, Charles Cassis (lead), Louisville, Ky., for plaintiff-appellant.

Alexander T. Taft, Jr., Louisville, Ky., John Carley (argued), F.T.C., Washington, D.C., for defendant-appellee.

Cornish F. Hitchcock (argued), Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., for amicus curiae Public Citizen Health Research Group.

Before KEITH and MERRITT, Circuit Judges, and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 19, 1983.

MERRITT, Circuit Judge.

The appellant, Brown & Williamson Tobacco Company (B & W), appeals the decision of the District Court for the Western District of Kentucky dismissing its suit against the Federal Trade Commission (FTC). Brown & Williamson challenges the following proposed actions and statements of the FTC which the agency planned to publish in the Federal Register:

(1) the...

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