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MACHER v. FEDERAL TRADE COMMISSION

No. 167.

126 F.2d 420 (1942)

MACHER et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

February 26, 1942.

Attorney(s) appearing for the Case

Edward E. Reichman, of New York City (Carb, Reichman & Luria and Sydney A. Luria, all of New York City, on the brief), for petitioners.

Joseph J. Smith, Jr., Asst. Chief Counsel, of Washington, D. C. (W. T. Kelley, Chief Counsel, and W. T. Chantland, James W. Nichol, and R. E. Schrimsher, Sp. Attys., all of Washington, D. C.), for respondent.

Before SWAN, AUGUSTUS N. HAND, and C. E. CLARK, Circuit Judges.

PER CURIAM.

Notwithstanding their claims in the petition to review, petitioners do not directly attack the Commission's basic finding — supported by quite credible testimony — that they had persisted in advertising themselves in catalogues, circulars, and customers' discount cards as wholesalers of jewelry, selling at wholesale prices, whereas actually their business and prices were retail. An order must therefore issue; and we are not disposed to make...

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