Dean Foods Compa Y
70 F.T.C. 1761 · Docket 8674 · Decided 1966 (est.) · Dismissal
Cite this decision
Dean Foods Compa Y, 70 F.T.C. 1761 (1966). Consumer Law Library, https://consumerlawlibrary.org/decisions/v070-0112s2
Decision id v070-0112s2
Text (OCR of the scan; may contain errors)
DEAN FOODS COMPA Y ET AL
Docket 8674, Order, July 2.5, 1.9(j(j Order directing hearing examiner to expedite the filing of his initial decision in this case, and jf the dismissal of the complaint against Bowfund is in issue, that the briefs of the parties be filed on or before Oct. 11, 1966.
ORDER
On July 18, 1966, the United States Court of Appeals for the Seventh Circuit entered an order in Fedeml Tmde Commission v. Dean Foo.ds Compa,ny and Bowman Dniry Company, 15493, enjoining respondents Dean Foods Company and Bowfund Corporation (the latter formerly known as Bowman Dairy Company), for and during the period of four months from July 18, 1966, from making, intel' alia any material changes, directly or indirectly, with respect to the capital stock or corporate structure of Bowfund Corporation or with respect to the assets purchased by Dean from Bowman pursuant to their agreement of December 13, 1965, as amended, pending entry by the Commission of its final order in respect to the above-entitled proceeding.
On July 8, 1966, the proceeding for the purpose of receiving evidence in the above-entitled matter was closed by the hearing examiner, and he directed that the respective proposed findings by counsel supporting the complaint and by respondents be submitted to him on or before August 8, 1966, He also dismissed the complaint as to respondent Bowfund Corporation; on July, counsel supporting the complaint filed notice of appeal from the dismissal of Bowfund Corporation, In Jight of both the present posture of this case and the order of the Court of Appeals, it is essential that the Commission expedite an further proceedings at an levels and enter its final order on or before ovember 18, 1966, in compliance with the Court's order.
Now therefore it is ordered That the hearing examiner file his initial decision on or before September 9, 1966, and that service of his initial decision upon the parties be expedited by the Secretary.
It is furthe,' ordered That, in the event either or both sides should file notice of appeal from the initial decision, the following briefing schedule shah govern and shall apply also with respect to the appeal from the hearing examiner's dismissal of the complaint as to Bowfund Corporation: The parties shall submit their respective briefs on or before October 11, and their answering briefs, if any, on or before October 28, 1966 at which date oral argument shall be heard in the matter.