JAMES S. KIRK & CO. v. FEDERAL TRADE COMMISSION

No. 4140.

59 F.2d 179 (1932)

JAMES S. KIRK & CO. et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 22, 1932.


Attorney(s) appearing for the Case

Cutting, Moore & Sidley, of Chicago, Ill. (D. F. McPherson and James F. Oates, Jr., both of Chicago, Ill., Frank F. Dinsmore, of Cincinnati, Ohio, and Horace Kent Tenney, of Chicago, Ill., of counsel), for petitioners.

Robt. E. Healy, Chief Counsel, Federal Trade Commission, and Martin A. Morrison, Asst. Chief Counsel, Federal Trade Commission, both of Washington, D. C., and Edward E. Reardon, of New York City, for respondent.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


SPARKS, Circuit Judge (after stating the facts as above).

The basis of the commission's complaint is to the effect that castile soap is one in which olive oil constitutes the sole oily or fatty ingredient. The commission has found this to be true, as a matter of fact, and it is supported by some evidence. The respondent, therefore, insists that such finding is conclusive and that unfair competition is established.

In Federal Trade Commission v. Curtis Publishing...

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