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  5. 164 F.Supp.2d 659 (2001)
 

F.T.C. v. H.J. HEINZ CO.

No. CIV.A. 00-1688(JR).

164 F.Supp.2d 659 (2001)

FEDERAL TRADE COMMISSION, Plaintiff, v. H.J. HEINZ, COMPANY, et al., Defendants.

United States District Court, District of Columbia.

October 4, 2001.

Attorney(s) appearing for the Case

Richard B. Dagen, Paul J. Nolan, Gary H. Schorr, Thomas S. Respess III, Joseph Brownman, David A. Balto, James A. Fishkin, Federal Trade Commission, Washington, DC, for plaintiff.

Edward R. Henneberry, Howrey & Simon, Washington, DC, Counsel H.J. Heinz Company.

Mark Kovner, Gerald F. Masoudi, David R. Pruitt, Kirkland & Ellis, Washington, DC, for Milnot Holding Corporation.

David A. Bentley, Dewey Ballantine L.L.P., Washington, DC, Wayne A. Cross, Michael J. Gallagher, Michelle L. Wilhelm, Dewey Ballantine L.L.P., New York City, for Non Party Gerber.

MEMORANDUM

ROBERTSON, District Judge.

Notwithstanding the skepticism of the Court of Appeals that an injunction would "kill this merger," see FTC v. H.J. Heinz Co., 246 F.3d 708, 726-27 (D.C.Cir. 2001), H.J. Heinz, Co. announced publicly within hours of the Court of Appeals' decision that it had abandoned its plans to acquire Beech-Nut Foods. A month after that announcement, on May 25, 2001, FTC counsel asked...

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