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KOOLISH v. FEDERAL TRADE COMMISSION

No. 7814.

129 F.2d 64 (1942)

KOOLISH et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 16, 1942.

Attorney(s) appearing for the Case

Albert A. Jones, of Washington, D. C., and Irvin H. Fathchild, Edmund D. Adcock, and Louis Cohen, all of Chicago, Ill., for petitioners.

Wm. T. Kelley, Martin A. Morrison, D. C. Daniel, James W. Nichol, and Joseph J. Smith, Jr., all of Washington, D. C., for respondent.

Before SPARKS, KERNER, and MINTON, Circuit Judges.

SPARKS, Circuit Judge.

We are asked to review and set aside an order of the Federal Trade Commission relating to the use of push cards and pull cards in the distribution of merchandise. Petitioners vigorously deny the right of the Commission to enter the order for the reason that, they assert, no element of chance enters into the sale of merchandise by themselves, and there is no showing of injury to competition, essential to the jurisdiction of the Commission.

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