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BOISE CASCADE CORP. v. F.T.C.

No. 86-1240.

837 F.2d 1127 (1988)

BOISE CASCADE CORPORATION, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 29, 1988.

As Amended January 29, 1988.

Attorney(s) appearing for the Case

Victor E. Grimm, with whom John T. Loughlin, R. Clifford Potter, Scott M. Mendel, Chicago, Ill., and Donald Mitchell, Washington, D.C., were on brief, for petitioner.

Arnold C. Celnicker, F.T.C., Atlanta, Ga., with whom Ernest J. Isenstadt, Asst. Gen. Counsel, Jerold D. Cummins, Deputy Asst. Gen. Counsel, Washington, D.C., and Chris M. Couillou, F.T.C., Atlanta, Ga., were on brief, for respondent.

R. Bruce Rich, New York City, was on the brief for amicus curiae, National Ass'n of Service Merchandising, urging reversal of the F.T.C. decision on functional discounts.

Before MIKVA, STARR and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

Concurring opinion filed by Circuit Judge WILLIAMS.

Dissenting opinion filed by Circuit Judge MIKVA.

STARR, Circuit Judge:

This case comes before us on petition for review of a decision of the Federal Trade Commission holding Boise Cascade Corporation in violation of section 2(f) of the Robinson-Patman Act, 15 U.S.C. § 13(f) (1982). The Commission determined that Boise's receipt of price...

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