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PEPSICO, INC. v. F. T. C.

No. 72 Civ. 1770.

343 F.Supp. 396 (1972)

PEPSICO, INC., Plaintiff, v. FEDERAL TRADE COMMISSION et al., Defendants.

United States District Court, S. D. New York.

June 2, 1972.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, by Milton Handler, New York City, for plaintiff.

Whitney North Seymour, Jr., U. S. Atty., for the S. D. of New York, by Richard S. Toder, Asst. U. S. Atty., New York City, for defendants.

Hughes, Hubbard & Reed, by Robert J. Sisk, New York City, for the intervenor Pepsi-Cola Bottling Co. of Corvallis, Inc.

CANNELLA, District Judge.

Plaintiff's application for a preliminary injunction, made pursuant to Rule 65(a) of the Federal Rules of Civil Procedure (F.R.Civ.P.), is denied.

Defendants' motion to dismiss the complaint for lack of jurisdiction over the subject matter, made pursuant to Rule 12(b) (1), F.R.Civ.P., is granted.1

On July 15, 1971 the Federal Trade Commission instituted proceedings against the plaintiff and other...

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