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Moog Industries, Inc. v. Federal Trade Commission

United States Supreme Court
355 U.S. 411 (1958)


This case considers two consolidated cases. In the first, the Federal Trade Commission (FTC) found Moog Industries, Inc. (Moog) (plaintiff) to have violated the Clayton Act and ordered it to cease and desist. Moog sought review in the United States Court of Appeals for the Eighth Circuit. The Eighth Circuit affirmed, and Moog moved for a hold on the order on grounds that it would suffer financial loss if it was prohibited from engaging in pricing practices that were still open to its competitors. In the second case, C.E. Neihoff & Co. (Neihoff) (plaintiff) was also found to have engaged in violations of the Clayton Act. Neihoff requested that the FTC hold in abeyance the cease and desist order on the ground that it would also suffer serious financial loss if it could not engage in the same pricing practices as its competitors. The Court of Appeals for the Seventh Circuit affirmed the order, but ordered it held in abeyance. The Supreme Court granted certiorari to resolve the split in the circuits.

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Holding and Reasoning (Per curiam)

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