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F.T.C. v. PPG INDUSTRIES, INC.

Nos. 86-5206, 86-5269.

798 F.2d 1500 (1986)

FEDERAL TRADE COMMISSION, Appellant, v. PPG INDUSTRIES, INC., et al., FEDERAL TRADE COMMISSION v. PPG INDUSTRIES, INC., et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1986.

Attorney(s) appearing for the Case

Steven A. Newborn, Atty., F.T.C., with whom Marcy J.K. Tiffany, Acting Gen. Counsel, Ernest J. Isenstadt, Asst. Gen. Counsel and Jerold D. Cummins, Deputy Asst. Gen. Counsel, F.T.C., were on the brief for F.T.C., appellant in No. 86-5206 and cross-appellee in No. 86-5269, Washington, D.C.

John V. Lacci, Atty., F.T.C., Washington, D.C., also entered an appearance for F.T.C.

Bertram Kantor, New York City, of the Bar of the Supreme Court of the State of N.Y., Second Dept. Appellate Div., pro hac vice by special leave of Court and Carla A. Hills, Washington, D.C., with whom Michael H. Byowitz, New York City, Irwin Goldbloom and Peter L. Winik, Washington, D.C., were on the brief for PPG Industries, et al., appellees in No. 86-5206 and cross-appellants in No. 86-5269.

Before WALD, Chief Judge, BORK and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

This is an appeal by the Federal Trade Commission of the district court's order denying its request for a preliminary injunction barring the acquisition of Swedlow, Inc. by PPG Industries, Inc. The court instead entered a hold separate order pending completion of the Commission's final decision on the legality of the acquisition. See FTC v. PPG Industries, Inc.,

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