Whole Foods Loses Bid For En Banc Review

Law360, New York (November 21, 2008, 12:00 AM EST) -- Locked in an epic struggle with the U.S. Federal Trade Commission, Whole Foods has lost its bid for the entire U.S. Court of Appeals for the District of Columbia to reconsider an earlier decision that cast the organic food giant's consummated merger with Wild Oats Markets Inc. into doubt once again.

On Friday, the D.C. Circuit declined Whole Foods' request for an en banc hearing, allowing the decision handed down in July by a three-judge panel of the appellate court to stand.

The 2-1 decision this...
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