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RUSSELL STOVER CANDIES, INC. v. F.T.C.

No. 82-2036.

718 F.2d 256 (1983)

RUSSELL STOVER CANDIES, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided September 29, 1983.

Attorney(s) appearing for the Case

Stinson, Mag & Fizzell, Lawrence R. Brown, David E. Everson, Jr., Terence J. Thum, Kansas City, Mo., for petitioner Russell Stover Candies, Inc.

John H. Carley, Gen. Counsel, Howard E. Shapiro, Deputy Gen. Counsel, Ronald A. Bloch, Asst. Director, Bureau of Competition, Nina B. Hale, Washington, D.C., for respondent Federal Trade Commission.

Before LAY, Chief Judge, and McMILLIAN and JOHN R. GIBSON, Circuit Judges.

McMILLIAN, Circuit Judge.

Russell Stover Candies, Inc. petitions for review of a final order of the Federal Trade Commission (Commission) finding that petitioner violated § 1 of the Sherman Act. 15 U.S.C. § 1 (1976). The Commission ruled that petitioner had illegally combined with certain of its retail dealers to fix retail prices. Petitioner and the Commission agree that the continuing vitality of the doctrine announced in United States v. Colgate

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