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FEDERAL TRADE COMMISSION v. F. A. MARTOCCIO CO.

No. 401.

87 F.2d 561 (1937)

FEDERAL TRADE COMMISSION v. F. A. MARTOCCIO CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 12, 1937.

Attorney(s) appearing for the Case

Martin A. Morrison, Asst. Chief Counsel, Federal Trade Commission, of Washington, D. C. (W. T. Kelley, Chief Counsel, Federal Trade Commission, and Henry C. Lank and James W. Nichol, Sp. Attys., Federal Trade Commission, all of Washington, D. C., on the brief), for petitioner.

Arnold L. Guesmer, of Minneapolis, Minn., for respondent.

Before STONE, SANBORN, and WOODROUGH, Circuit Judges.

STONE, Circuit Judge.

This is a proceeding brought by the Federal Trade Commission for the enforcement of a "cease and desist" order entered by it against the respondent.

Respondent is a manufacturer of candy selling its product, in interstate commerce, to wholesalers and jobbers. The candy was packed in cartons, each containing a large number of uniform small candy bars, a smaller number of one-quarter pound bars, a yet smaller number of one-half pound bars...

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