IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

FEDERAL TRADE COMMISSION,
Plaintiff
v.
H.J. HEINZ, COMPANY, et al.,
Defendants.

Civil Action No. 1:00CV01688

PLAINTIFF'S MOTION FOR INJUNCTION PENDING APPEAL

Plaintiff, Federal Trade Commission moves, pursuant to Fed. R. Civ. P. 62(c), that this Court enjoin the acquisition at issue in this case, pending appeal of this Court's denial of the Commission's motion for preliminary injunction. In the alternative, the Commission moves that the Court enjoin the acquisition pending a determination by the Court of Appeals on an application for an injunction pending appeal filed by the Commission.

In support of this motion, the Court is respectfully referred to the memorandum of points and authorities filed herewith, and to the complaint, motions, memoranda, and exhibits previously filed herein.

Respectfully submitted,

RICHARD B. DAGEN (DC Bar No. 388115)
DAVID C. SHONKA (DC Bar No. 224576)

Attorneys for plaintiff
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, D.C. 20580
(202) 326-2436
October 18, 2000