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A. P. W. PAPER CO. v. FEDERAL TRADE COMMISSION

No. 169.

149 F.2d 424 (1945)

A. P. W. PAPER CO., Inc., v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

May 17, 1945.

Attorney(s) appearing for the Case

Sullivan & Cromwell, of New York City (Edward H. Green and E. H. Sykes, both of New York City, of counsel), for petitioner.

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

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

SWAN, Circuit Judge.

By a proceeding initiated in 1942 the Commission charged the petitioner with a violation of section 5(a) of the Federal Trade Commission Act, 15 U.S.C.A. § 45 (a), in using the words "Red Cross" and the Greek red cross emblem to designate certain of its products. The petitioner is a New York corporation engaged in the business of selling toilet tissues and paper towels in interstate commerce. Among...

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