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FTC v. DEAN FOODS CO.

No. 970.

384 U.S. 597 (1966)

86 S.Ct. 1738

16 L.Ed.2d 802

FEDERAL TRADE COMMISSION v. DEAN FOODS CO. ET AL.

Supreme Court of United States.

Decided June 13, 1966.

Attorney(s) appearing for the Case

Solicitor General Marshall argued the cause for petitioner. With him on the brief were Assistant Attorney General Turner, Richard A. Posner, Howard E. Shapiro and James McI. Henderson.

Hammond E. Chaffetz argued the cause for respondents and filed a brief for respondent Dean Foods Co.

L. Edward Hart, John Paul Stevens and Edward I. Rothschild filed a brief for respondent Bowfund Corp.

MR. JUSTICE CLARK delivered the opinion of the Court.

At issue here is the power of the Court of Appeals under the All Writs Act, 28 U. S. C. § 1651 (a) (1964 ed.), to temporarily enjoin the consummation of a merger that is under attack before the Federal Trade Commission as violative of § 7 of the Clayton Act, as amended, 64 Stat. 1125, 15 U. S. C. § 18 (1964 ed.). This case arose on the application of the...

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