ARMAND CO. v. FEDERAL TRADE COMMISSION

No. 195.

84 F.2d 973 (1936)

ARMAND CO., Inc., et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

July 2, 1936.


Attorney(s) appearing for the Case

Henry Ward Beer, of New York City, for the motion.

Martin A. Morrison, of Washington, D. C., opposed.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


PER CURIAM.

We have already once decided this motion without opinion, and we now state our reasons in the hope that this at least may end the matter. The argument is based upon the notion that the "cease and desist" order of the Commission was a nullity because of the departure, or variance, between it and the complaint on which the Commission heard the cause. Apparently it is also supposed that our order affirming it was likewise a nullity, though before us at least...

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