EDUCATORS ASS'N v. FEDERAL TRADE COMMISSION

No. 97.

110 F.2d 72 (1940)

EDUCATORS ASS'N, Inc., et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

February 27, 1940.


Attorney(s) appearing for the Case

Townsend, Kindleberger & Campbell, of New York City (E. Crosby Kindleberger, of New York City, of counsel), for petitioners.

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

Before SWAN, CHASE, and CLARK, Circuit Judges.


PER CURIAM.

In a petition for rehearing the Federal Trade Commission has asked us to reconsider our modification of its order to permit Leo L. Tully to continue to do business under the trade name Educators Association provided the trade name is accompanied by words which reveal its true character. The main ground of the petition is that such a modification involves a complete contradiction which makes the elimination of the trade name itself necessary under the rule...

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