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DR PEPPER/SEVEN-UP COMPANIES, INC. v. F.T.C.

No. 92-5308.

991 F.2d 859 (1993)

DR PEPPER/SEVEN-UP COMPANIES, INC., et al., Plaintiffs-Appellants, v. FEDERAL TRADE COMMISSION, Defendant-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 1993.

Attorney(s) appearing for the Case

Philip D. Bartz, with whom Micki M. Chen, Washington, DC, Peter E. Greene, New York City, and Gary A. MacDonald were on the brief, for appellants. Alan Kriegel, Washington, DC, also entered an appearance for appellant Harold A. Honickman.

Jeffrey T. Sprung, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty. at the time the brief was filed, John D. Bates, and R. Craig Lawrence, Asst. U.S. Attys., and James M. Spears, Gen. Counsel, Jay C. Shaffer, Deputy Gen. Counsel, Ernest J. Isenstadt, Asst. Gen. Counsel, and Melvin H. Orlans, Atty., F.T.C., Washington, DC, were on the brief, for appellee.

W. Foster Wollen, New York City, entered an appearance for intervenor Cadbury Beverages, Inc.

Before: EDWARDS, SENTELLE, and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case involves a suit brought by the Dr. Pepper/Seven-Up Companies, Inc., et al. ("DPSU") challenging a decision by the Federal Trade Commission ("FTC" or "the Commission"). In the decision at issue, the FTC denied an application by Harold Honickman ("Honickman") for prior approval to acquire Brooklyn Bottling Company. The District Court granted summary judgment...

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