District Court, S.D. New York June 2, 1972, 72 Civ. 1770 (Pepsico, Inc. v. Federal Trade Commission)

CANNELLA, District Judge.

Plaintiff’s application for a preliminary injunction, made pursuant to Rule 65(a) of the Federal Rules of Civil Procedure (F.R.Civ.P.), is denied.

Defendants’ motion to dismiss the complaint for lack of jurisdiction over the subject matter, made pursuant to Rule 12(b) (1), F.R.Civ.P., is granted.