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AMERICAN DRUG CORP. v. FEDERAL TRADE COMMISSION

No. 13064.

149 F.2d 608 (1945)

AMERICAN DRUG CORPORATION v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Eighth Circuit.

June 8, 1945.

Attorney(s) appearing for the Case

William F. Fahey, for petitioner.

Joseph J. Smith, Jr., Asst. Chief Counsel, Federal Trade Commission, and Donovan R. Divet, Sp. Atty., Federal Trade Commission, for respondent.

Before STONE and JOHNSEN, Circuit Judges.

PER CURIAM.

On November 21, 1934, the Federal Trade Commission entered a cease and desist order against petitioner upon a complaint and an amended answer consenting to the order. No further proceedings were taken in this matter for ten years until November 27, 1944. Then an assistant chief counsel of the Commission moved, in writing, to set aside the above order and to dismiss the complaint upon which the order was entered without prejudice to the right of the Commission...

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