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PERLOFF v. FEDERAL TRADE COMMISSION

No. 8466.

150 F.2d 757 (1945)

PERLOFF et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Third Circuit.

Decided February 23, 1945.

As Amended March 2, 1945.

Attorney(s) appearing for the Case

Everett Sanders, of Washington, D. C. (Edward F. Howrey, L. A. Gravelle, and Douglas Whitlock, all of Washington, D. C., on the brief), for petitioners.

Donovan R. Divet, of Washington, D. C. (W. T. Kelley, Chief Counsel, Federal Trade Commission, and Joseph J. Smith, Jr., Asst. Chief Counsel, both of Washington, D. C., on the brief), for respondent.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and KIRKPATRICK, District Judge.

McLAUGHLIN, Circuit Judge.

This matter concerns a petition to review and set aside a cease and desist order of the Federal Trade Commission which prohibits the petitioners from using any trade name containing the word "Packing" in connection with products not packed by them.

The petitioners are wholesale grocers, with their principal office in Philadelphia, Pennsylvania and three branches in Chester, Wilkes-Barre and Shenandoah, all in Pennsylvania. They sell...

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