UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
June 4, 1951
FEDERAL TRADE COMMISSION
STANDARD BRANDS, INC.
Before L. HAND, SWAN and FRANK, Circuit Judges.
FRANK, Circuit Judge: Respondent's petition is denied. The Commission's petition is partly granted for the following reason: In Moss, Inc. v. Federal Trade Commission, 148 F.2d 378, 379 (C.A. 2), we held that, under 15 U.S.C. § 13(b), when the Commission proves discrimination without more, it makes out a prima facie case, and that the respondent then has the burden of rebutting this prima facie case by showing justification. This ruling, together with its approval in Federal Trade Commission v. Morton Salt Co., 334 U.S. 37, 45, leads us to believe that we erred in our original opinion in the instant case in requiring clause (4) of the order to be modified. Accordingly, we affirm the order without such modification, and grant enforcement thereof except Clause 2.
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