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BRISTOL-MYERS CO. v. F.T.C.

No. 1053, Docket 83-4167.

738 F.2d 554 (1984)

BRISTOL-MYERS COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided June 25, 1984.

Attorney(s) appearing for the Case

Kenneth A. Plevan, New York City (Miriam L. Siroky, Elaine D. Ziff, Skadden, Arps, Slate, Meagher & Flom, New York City, Gilbert H. Weil, Gerald Guttman, Jay S. Davis, Weil, Guttman, Davis & Malkin, New York City, of counsel), for petitioner.

Melvin H. Orlans, Atty., F.T.C., Washington, D.C. (John H. Carley, Gen. Counsel, Howard E. Shapiro, Deputy Gen. Counsel, Ernest J. Isenstadt, Asst. Gen. Counsel, F.T.C., Washington, D.C., of counsel), for respondent.

Before FEINBERG, Chief Judge, and FRIENDLY and OAKES, Circuit Judges.

OAKES, Circuit Judge:

Bristol-Myers Company (Bristol) petitions for review of an order of the Federal Trade Commission (the Commission or FTC) made in respect to the advertising by Bristol of its well-known analgesics, Bufferin and Excedrin. The order represents over ten years of agency work formally commencing with the filing of complaints on February 23, 1973 by the Commission against Bristol and its advertising agencies, Ted Bates & Co., Inc. and Young &...

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