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FEDERAL TRADE COMMISSION v. MAISEL TRADING POST

No. 976.

79 F.2d 127 (1935)

FEDERAL TRADE COMMISSION v. MAISEL TRADING POST, Inc.

Circuit Court of Appeals, Tenth Circuit.

August 28, 1935.

Attorney(s) appearing for the Case

Eugene W. Burr, of Washington, D. C. (William T. Kelley, Chief Counsel, and Martin A. Morrison, Asst. Chief Counsel, for Federal Trade Commission, both of Washington, D. C., on the brief), for petitioner.

John F. Simms, of Albuquerque, N. M. (Donald M. Bushnell, of Albuquerque, N. M., on the brief), for respondent.

Harris K. Lyle, of Gallup, N. M., for Indian Traders' Ass'n, amicus curiæ.

William C. Lewis, of Oklahoma City, Okl. (Harry W. Blair, Asst. Atty. Gen., and Charles E. Collett, of Washington, D. C., on the brief), as amici curiæ.

Before LEWIS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.

PER CURIAM.

Briefs and argument on rehearing have clarified the dispute and narrowed the issues. Petitioner now expressly asserts that machinery used in manufacturing the raw material — the slugs or blanks — with which the Indian starts his artistry, is outside the scope of the hearing or the order; that the order is not concerned with the dimensions of the raw material; that the order is designed to confine the term "Indian-made" to those who heat and...

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