DC Circ. Rebuffs Whole Foods Due Process Suit

Law360, New York (January 26, 2009, 12:00 AM EST) -- In the latest twist in the fight between the Federal Trade Commission and Whole Foods Market Inc., an appellate court has refused to hear a case the grocer brought against the FTC alleging the commission violated Whole Foods' due process rights.

In a one-page order Friday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said that Whole Foods had not shown that it has a clear and indisputable right to have its case heard. Earlier this month, the store...
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