L. & C. MAYERS CO. v. FEDERAL TRADE COMMISSION

No. 60.

97 F.2d 365 (1938)

L. & C. MAYERS CO., Inc., v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

June 6, 1938.


Attorney(s) appearing for the Case

Kurzman & Frank, of New York City (Sidney Newborg and John C. Gall, both of New York City, of counsel), for petitioner.

W. T. Kelley, of Washington, D. C., Chief Counsel, Federal Trade Commission, and Edward L. Smith, of New York City, and James W. Nichol, of Washington, D. C., Sp. Attys., for respondent.

Felix H. Levy, of New York City, amicus curiæ on behalf of the American Nat. Retail Jewelers Ass'n in support of Commission's order.

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


MANTON, Circuit Judge.

Petitioner is in the business of selling jewelry in interstate commerce and the respondent has ordered it to cease and desist, in connection with its sales and offers of sale, from representing itself in its catalogues and in other ways to be a wholesaler of jewelry.

The evidence shows that the petitioner sent out catalogues in which many of the articles offered for sale were pictorially and descriptively represented. These were sent...

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