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BELMONT LABORATORIES v. FEDERAL TRADE COMMISSION

No. 6738.

103 F.2d 538 (1939)

BELMONT LABORATORIES, Inc., v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied May 3, 1939.

Further Rehearing Denied May 15, 1939.

Attorney(s) appearing for the Case

Laurence H. Eldredge and Montgomery & McCracken, all of Philadelphia, Pa., for petitioner.

W. T. Kelley, Chief Counsel, Federal Trade Commission, Martin A. Morrison, Asst. Chief Counsel, and DeWitt T. Puckett and James W. Nichol, Sp. Attys., all of Washington, D. C., for respondent.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The Federal Trade Commission had before it here a rather mild instance from a black chapter of American business history. The emptor who is greedy (mail fraud) or gluttonous (food) or vain (cosmetics) may be getting more protection that he deserves; so he perchance should be forced to "cavere". Around the emptor whose sole desire is relief from the ills to which our mortal flesh is heir, the law has thrown too transparent and tardy a cloak. That...

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