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BUTTERICK PUB. CO. v. FEDERAL TRADE COMMISSION

Nos. 230, 240, 275.

85 F.2d 522 (1936)

BUTTERICK PUB. CO. et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

August 13, 1936.

Attorney(s) appearing for the Case

Chester W. Johnson and Dan J. O'Connell, both of Minneapolis, Minn., for petitioner Midwest Distributors, Inc.

Robert Maloney, of New York City, for petitioner Frank A. Munsey Co.

Joseph Schultz, of New York City, for petitioner MacFadden Publications, Inc., and Street & Smith Publications, Inc.

Manheim Rosenzweig, of New York City, for petitioners Pictorial Review Co., and International Circulation Co., Inc.

Whitman, Ransom, Coulson & Goetz, of New York City (George W. Hufsmith, of New York City, of counsel), for petitioner S-M News Co., Inc.

W. T. Kelley, Chief Counsel, Federal Trade Commission, Martin A. Morrison, Asst. Chief Counsel, both of Washington, D. C., and Robert N. McMillen and James W. Nichol, Sp. Attys., both of Washington, D. C., for respondent.

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

CHASE, Circuit Judge.

The petitioners were charged in a complaint filed by the Commission with using unfair methods of competition within the scope of section 5 of the Federal Trade Commission Act (15 U.S.C.A. § 45). They all answered and appeared at hearings before a trial examiner at New York and at Boston, where evidence was introduced in support of the complaint. At the close of these hearings, the petitioners (then respondents) filed a motion to dismiss...

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