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

No. 87-8777.

835 F.2d 775 (1987)

FLOWERS INDUSTRIES, INC., Plaintiff-Appellee, v. FEDERAL TRADE COMMISSION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 15, 1987.

Attorney(s) appearing for the Case

Jack Hood, Asst. U.S. Atty., Macon, Ga., David C. Shonka, F.T.C., Washington, D.C., for defendant-appellant.

Kent E. Mast, Hansell and Post, L. Catharine Cox, James A. Gilbert, Lee Trammell Newton, Jr., Atlanta, Ga., for plaintiff-appellee.

John S. Springer, Sprouse, Tucker & Ford, P.C., Columbus, Ga., William C. Brashares, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Charles A. Samuels, Washington, D.C., for amicus curiae BNJ Inc.

Before ANDERSON, EDMONDSON and GOODWIN, Circuit Judges.

PER CURIAM:

The Federal Trade Commission ("FTC") appeals from the grant of a preliminary injunction. The preliminary injunction prevents the FTC from enforcing its decision that Flowers Industries ("Flowers") must sell bakeries in Gadsden, Alabama, and High Point, North Carolina, to Mills Family Bakery ("Mills") under the terms of a consent order. Because we conclude that venue was improper, we vacate the judgment of the district court and remand. We will, however...

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