SEVEN-UP CO.
v.
FEDERAL TRADE COMMISSION ET AL.

U.S. | 1973-11-05
No. 73-337
Mr. Justice Stewart took no part in the consideration or decision of this petition.
414 U.S. 1013 Supreme Court of the United States (1973) Positive Treatment
Cited by 8 cases

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  • Hawthorne OIL & GAS Corp. v. Dep't OF Energy & Scurlock Oil Co., 647 F.2d 1107 (Temp. Emer. Ct. App. 1981)
    …emedy would be futile. To these can be added an overlapping exception “where the agency has clearly violated the constitutional or statutory rights of the party seeking prior restraint.” Seven-Up Co. v. FTC (C.A.8 1973) 478 F. 2d 755, cert. denied, 414 U.S. 1013, 94 S.Ct. 379, 38 L.Ed.2d 251. American General Ins. Co. v. FTC (C.A.5 1974) 496 F. 2d 197 and United States v. Feaster (C.A.5 1969) 410 F. 2d 1354, cert. denied, 396 U.S. 962, 90 S.Ct. 427, 24 L.Ed.2d 426, specifying clear violation of a constituti…
  • …ent proceedings,2 or whether ap [*877] pellants must refrain from challenging FTC jurisdiction until, if ever, a cease and desist order is issued against them. See Seven-Up Company v. Federal Trade Commission, 478 F. 2d 755 (8th Cir.), cert. denied, 414 U.S. 1013, 94 S.Ct. 379, 38 L.Ed.2d 251 (1973). We need only conclude that the district court did not err in holding that appellants do have an adequate remedy at law. Finding as we do that the district court properly disposed of the case, we affirm for the…
  • Save THE Dunes Council v. Alexander, 584 F.2d 158 (7th Cir. 1978)
    …uctures be modified is being considered by the Corps as an alternative remedial measure. Hence, there is no final agency action, in the literal sense, upon which review can be predicated. Seven-Up Co. v. FTC, 478 F. 2d 755 (8th Cir.), cert. denied, 414 U.S. 1013, 94 S.C.t. 379, 38 L.Ed.2d 251 (1973), recognizes exceptions to the finality requirement regarding interim agency actions that violate constitutional immunities or rights and statutory requirements. Manifestly no statutory requirements or constituti…

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