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U.S. v. RESTLAND FUNERAL HOME, INC.

No. 94-10908.

51 F.3d 56 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. RESTLAND FUNERAL HOME, INC., a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 2, 1995.

Attorney(s) appearing for the Case

Deborah Ruth Kant, Barbara Biddle, Dept. of Justice, Appellate Staff, Washington, DC, Katherine McGovern, Asst. U.S. Atty., Paul Coggins, U.S. Atty., Dallas, TX, for appellant.

Patricia Seifert, Patrick O. Strauss, Hubert Crouch, III, Crouch & Hallett, Dallas, TX, for appellees.

Before JONES, DUHÉ and STEWART, Circuit Judges.

STEWART, Circuit Judge:

The sole issue presented in this appeal is whether the authority to file suit, granted to the Federal Trade Commission (FTC) by 15 U.S.C.S. § 56(a)(1), is exclusive such that only the FTC (and not the Attorney General) may file suit after the 15 U.S.C.S. § 56(a)(1)(B) 45 day period. For the following reasons, we conclude that § 56(a)(1) grants the FTC supervisory authority, but does not bar the Attorney General...

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