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OSTERMOOR & CO. v. FEDERAL TRADE COMMISSION

No. 67.

16 F.2d 962 (1927)

OSTERMOOR & CO., Inc., v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

January 10, 1927.

Attorney(s) appearing for the Case

C. C. Cousins, of New York City, for petitioners.

Bayard T. Hainer, Chief Counsel, Federal Trade Commission, Adrien F. Busick, Asst. Chief Counsel, and Richard P. Whiteley, all of Washington, D. C., for respondent.

Before HOUGH, MANTON, and MACK, Circuit Judges.

MACK, Circuit Judge.

The amended complaint filed against petitioners in April, 1924, charges as unfair methods of competition, within section 5 of the Federal Trade Commission Act (Comp. St. § 8836e), that they had published throughout the country false and deceptive advertisements, consisting principally of pictorial representations of mattresses. We shall assume the complaint further charges, as respondent asserts in its brief, that the misrepresentation is...

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