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MARIETTA MFG. CO. v. FEDERAL TRADE COMMISSION

No. 4435.

50 F.2d 641 (1931)

MARIETTA MFG. CO. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 25, 1931.

Attorney(s) appearing for the Case

Charles O. Roemler, Ralph G. Lockwood, and Virgil H. Lockwood, all of Indianapolis, Ind., for petitioner.

Robert E. Healy, Chief Counsel Federal Trade Commission, Martin A. Morrison, Asst. Chief Counsel, Federal Trade Commission, and Alfred M. Craven, all of Washington, D. C., for respondent.

Edwin H. Cassels, of Chicago, Ill. (Thomas J. Downs and Cassels, Potter & Bentley, all of Chicago, Ill., of counsel), for National Ass'n of Marble Dealers, amicus curiæ.

Before EVANS and SPARKS, Circuit Judges, and WILKERSON, District Judge.

WILKERSON, District Judge.

The Marietta Manufacturing Company for twenty years has manufactured and sold a product used for interior walls, wainscoting, ceilings, table tops, counters, and other like purposes. This product has been advertised and sold as "Sani-Onyx, a Vitreous Marble." It is not a product of nature. It is neither a marble nor onyx. Its chief ingredient is silica, and it is manufactured in slab form and may be used in place of natural or quarried onyx...

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