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NASH-FINCH COMPANY v. F. T. C.

4-63 Civ. 460.

233 F.Supp. 910 (1964)

NASH-FINCH COMPANY, a Delaware corporation, Plaintiff, v. The FEDERAL TRADE COMMISSION, Paul Rand Dixon, Chairman, Sigurd Anderson, Philip Elman, A. Everette MacIntyre, and A. Leon Higginbotham, Jr., individually and as members of the Commission, and Raymond J. Lynch, Edward G. Gruis and Avrom Landesman, individually and as employees of the Commission, Pennsylvania Avenue at 6th Street, N.W., Washington 25, D. C., Defendants.

United States District Court District of Minnesota. Fourth Division.

August 10, 1964.

Attorney(s) appearing for the Case

Raymond A. Scallen and Seward R. Moore, Minneapolis, Minn., and J. Wallace Adair and Robert W. Steele, of Howrey, Simon, Baker & Murchison, Washington, D. C., for the plaintiff.

Miles W. Lord, U. S. Atty., and John J. Connelly, Asst. U. S. Atty., Minneapolis, Minn., and James McI. Henderson, General Counsel, J. B. Truly, Asst. General Counsel, and Harold D. Rhynedance, Jr., and Gerald J. Thain, Attorneys, Federal Trade Commission, Washington, D. C., for defendants.

NORDBYE, District Judge.

A brief recital of the factual background which now covers over twenty years seems quite necessary. On September 12, 1941, an administrative complaint was issued by the Federal Trade Commission against the plaintiff, Nash-Finch Company, and its subsidiary, C. H. Robinson Company, a North Dakota corporation, charging a violation of Section 2(c) of the Robinson-Patman amendment to the Clayton Act, 15 U.S.C.A. § 13(c). On January 6, 1947...

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