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MODERNISTIC CANDIES v. FEDERAL TRADE COMMISSION

No. 8356.

145 F.2d 454 (1944)

MODERNISTIC CANDIES, Inc., et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Seventh Circuit.

November 15, 1944.

Attorney(s) appearing for the Case

Irvin H. Fathchild, of Chicago, Ill., for petitioners.

Joseph J. Smith, Jr., W. T. Kelley, Chief Counsel, and Eugene W. Burr, Sp. Atty., all of Washington, D. C., for respondent.

Before EVANS, KERNER, and MINTON, Circuit Judges.

MINTON, Circuit Judge.

On July 16, 1943, the petitioners filed in this court a petition to review a cease and desist order issued by the Federal Trade Commission on May 25, 1943, in proceedings instituted by the Commission pursuant to section 5(a) of the Federal Trade Commission Act, 15 U.S.C.A. § 45(a).

The petitioners market chewing gum in various flavors by means of a "Ballgum" board. This is a punch board with pockets for 150 small balls of gum. The...

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