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FLOWERS INDUSTRIES v. F.T.C.

No. 88-8176.

849 F.2d 551 (1988)

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

United States Court of Appeals, Eleventh Circuit.

July 13, 1988.

Attorney(s) appearing for the Case

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

Kent B. Mast, Hansell & Post, L. Catharine Cox, L. Trammell Newton, James A. Gilbert, Atlanta, Ga., for plaintiff-appellee.

Before JOHNSON and HATCHETT, Circuit Judges, and GIBSON, Senior Circuit Judge.

HATCHETT, Circuit Judge:

The Federal Trade Commission (FTC) appeals an order of the district court which granted a preliminary injunction barring the operation of an FTC letter ordering Flowers Industries, Inc. (Flowers) to divest itself of two bakeries. We vacate the preliminary injunction and remand to the district court with directions to dismiss the action.

FACTS

Flowers Industries, Inc. owns baking...

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