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OLIVER BROS. v. FEDERAL TRADE COMMISSION

No. 4349.

102 F.2d 763 (1939)

OLIVER BROS., Inc., et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Fourth Circuit.

March 25, 1939.

Attorney(s) appearing for the Case

T. Russell Cather, of Winchester, Va., and Felix H. Levy, of New York City (John D. Swartz, of New York City, on the brief), for petitioners.

Allen C. Phelps, Sp. Atty., Federal Trade Commission, of Washington, D. C. (W. T. Kelley, Chief Counsel, Federal Trade Commission, of Washington, D. C., on the brief), for respondent.

Raymond N. Beebe, Adrien F. Busick, Seth W. Richardson, and Davies, Richberg, Beebe, Busick & Richardson, all of Washington, D. C., amici curiæ.

Before PARKER and SOPER, Circuit Judges, and WYCHE, District Judge.

PARKER, Circuit Judge.

This is a petition to review an order of the Federal Trade Commission directing petitioners to cease and desist from payment or receipt of fees or commissions in violation of section 2(c) of the Robinson-Patman Act, 49 Stat. 1526, 15 U.S.C.A. § 13(c). The order was entered in a proceeding instituted against Oliver Brothers, Inc., hereafter referred to as Oliver, a purchasing agent for wholesale distributors, certain of the buyers whom it...

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