This section contains the nature of the case and procedural background.

Moog (D) was found to have violated the Act and was ordered to cease and desist from further violations. D sought review and moved to hold the entry of judgment in abeyance on the ground that D would suffer serious financial loss if prohibited from engaging in pricing practices open to its competitors. The court denied the requested relief. This was the decision of the Eighth Circuit. In a similar case, the Seventh Circuit decided to issue the relief. The Supreme Court granted certiorari to determine this issue.

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