PHELPS DODGE REFINING CORP. v. FEDERAL TRADE COM'N

Nos. 9-12.

139 F.2d 393 (1943)

PHELPS DODGE REFINING CORPORATION v. FEDERAL TRADE COMMISSION. TENNESSEE CORPORATION v. SAME. JOHN POWELL & CO., Inc., et al. v. SAME. AMERICAN CYANAMID & CHEMICAL CORPORATION v. SAME.

Circuit Court of Appeals, Second Circuit.

December 23, 1943.


Attorney(s) appearing for the Case

William H. Wurts, of New York City (Arthur W. Rinke, of New York City, of counsel), for petitioners in the first mentioned petition.

Henry C. Little, of New York City (Arthur W. Rinke, of New York City, of counsel), for petitioner in second petition.

Reeves, Todd, Ely & Beaty, of New York City (David Cohen, of New York City, of counsel), for petitioner in third petition.

Guggenheimer & Untermyer, of New York City (Jules C. Randal, of Buffalo, N. Y., and Harry Hoffman, of New York City, of counsel), for petitioner in fourth petition.

W. T. Kelley, Chief Counsel for Federal Trade Commission, by Eugene W. Burr, and Reuben J. Martin, Sp. Attys. for Commission, all of Washington D. C., for respondent.

Before L. HAND, SWAN, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

In May 1940 the Federal Trade Commission issued a complaint against the Agricultural Insecticide & Fungicide Association, its officers and directors, a number of its members and certain non-members, charging them with using unfair methods of competition in commerce, as defined in the Federal Trade Commission Act, 15 U.S. C.A. § 41 et seq. After the filing of answers and a stipulation of facts the Commission made findings of fact and issued...

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