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DEER v. FEDERAL TRADE COMMISSION

No. 8.

152 F.2d 65 (1945)

DEER et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

December 5, 1945.

Attorney(s) appearing for the Case

Leon Himmelfarbe, of New York City, for petitioners.

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

Before SWAN, CHASE, and CLARK, Circuit Judges.

PER CURIAM.

The petitioners are engaged in the business of selling in interstate commerce various kinds of merchandise, chiefly household articles, and upon request they have supplied some of their customers with a so-called "club plan" or with material for the game of "Bingo" for use by such customers in reselling the goods purchased from the petitioners. The Commission found that the club plan and the bingo paraphernalia were gambling devices, as they clearly were...

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