Tri Valley Growers, Formerly Known as Tri-Valley Packing Association, (A Corporation) v. The Federal Trade Commission

In Tri-Valley Packing Association v. Federal Trade Commission, 9 Cir., 329 F.2d 694 , which involved review of a cease and desist order entered by the Commission against Tri-Valley Packing Association, we reversed and remanded for further proceedings. Further agency proceedings, including an evidentiary hearing, then took place before a trial examiner. An Initial Decision was thereafter entered, sustaining the Commission’s charges that Tri-Valley had vi olated section 2(a) and (d) of the Clayton Act, 38 Stat. 730 , as amended by the Robinson-Patman Act, 49 Stat. 1526 (Act), 15 U.S.C. § 13 (a) and (d) (1964). The Initial Decision included an order to cease and desist. On appeal to the Commission, that body entered a final order, together with an opinion, adopting with certain modifications, the Initial Decision on remand. This review was then instituted by Tri Valley Growers, formerly known as Tri-Valley Packing Association.

Tri Valley Growers presented the following six arguments in its opening brief on this second review:

1. The Commission received further evidence on the two price discrimination issues remanded. The Commission was without power to receive or consider such…