Borden, Inc., a Corporation v. Federal Trade Commission

JAMESON, Senior District Judge.

Borden appeals from an order dismissing Count I of its two-count complaint seeking declaratory and injunctive relief to restrain the Federal Trade Commission (Commission) “from any further proceedings” upon Count III of an administrative complaint issued against Borden on October 8, 1971. 1

In November, 1965 Borden began selling private label fluid milk products in the Chicago area to stores of The Great Atlantic & Pacific Tea Company (A & P). On March 13, 1967 Borden was notified by the Commission that it was investigating whether these sales involved illegal…