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UNITED STATES v. ASSOCIATED MERCHANDISING CORPORATION

No. 66 Civ. 1156.

261 F.Supp. 553 (1966)

UNITED STATES of America, Petitioner, v. ASSOCIATED MERCHANDISING CORPORATION, Aimcee Wholesale Corporation, and Federated Department Stores, Inc., Respondents.

United States District Court S. D. New York.

November 7, 1966.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, for United States, Lawrence W. Schilling, Asst. U. S. Atty., Harold D. Rhynedance, Jr., Federal Trade Commission, of counsel.

Weil, Gotshal & Manges, New York City, for respondents Associated Merchandising Corp. and Aimcee Wholesale Corp., Ira M. Millstein, Irving Scher, New York City, of counsel.

Arnold & Porter, Washington, D. C., for respondent Federated Dept. Stores, Inc., Norman Diamond, Murray H. Bring, Washington, D. C., of counsel.

OPINION

McLEAN, District Judge.

This is a proceeding under Section 9 of the Federal Trade Commission Act (15 U.S.C. § 49) for an order directing respondents to comply with an order dated August 12, 1965 of a Hearing Examiner of the Federal Trade Commission which directed respondents to produce certain documents. On July 13, 1966 I denied respondents' motion to dismiss petitioner's application and by order dated that day I set the application down for...

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