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F.T.C. v. WHOLE FOODS MARKET, INC.

Civil Action No. 07-1021 (PLF).

592 F.Supp.2d 107 (2009)

FEDERAL TRADE COMMISSION, Plaintiff, v. WHOLE FOODS MARKET, INC., and Wild Oats Markets, Inc., Defendants.

United States District Court, District of Columbia.

January 8, 2009.

Attorney(s) appearing for the Case

J. Robert Robertson, Amanda L. Wait, Catharine Mary Moscatelli, Eric Matthew Sprague, Marilyn E. Kerst, Matthew James Reilly, Reid Brian Horwitz, Thomas H. Brock, Thomas J. Lang, Federal Trade Commission, Washington, DC, for Plaintiff.

Alden Lewis Atkins, John Martin Faust, John David Taurman, Neil W. Imus, Vinson & Elkins, LLP, Paul H. Friedman, Rebecca Powers Dick, James A. Fishkin, Jeffrey W. Brennan, Michael D. Farber, Paul T. Denis, Dechert LLP, Alden Lewis Atkins, Vinson & Elkins, LLP, Washington, DC, Clifford Hank Aronson, Gary Alan MacDonald, Matthew P. Hendrickson, Thomas Pak, Skadden, Arps, Slate, Meagher & Flom, LLP, New York, NY, Terrence J. Wallock, Law Office of Terrence J. Wallock, Corona Del Mar, CA, for Defendants.

MEMORANDUM OPINION AND ORDER

PAUL L. FRIEDMAN, District Judge.

On July 29, 2008, a panel of the United States Court of Appeals for the District of Columbia Circuit issued three separate opinions in the above-captioned case. See FTC v. Whole Foods Market, Inc., 533 F.3d 869 (D.C.Cir.2008). The opinion for the court was written by Circuit Judge Brown, a concurring opinion by Circuit Judge Tatel, and a dissenting...

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