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ELIZABETH ARDEN, INC. v. FEDERAL TRADE COMMISSION

No. 60.

156 F.2d 132 (1946)

ELIZABETH ARDEN, Inc., et al. v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

June 5, 1946.

Attorney(s) appearing for the Case

Townley, Updike & Carter, of New York City (J. Howard Carter and Weymouth D. Symmes, both of New York City, of counsel), for petitioners.

W. T. Kelley, of Washington, D. C. (Walter B. Wooden and Philip R. Layton, both of Washington, D. C., of counsel), for respondent.

Before CHASE, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. We agree with Elizabeth Arden Sales Corporation v. Gus Blass Co., 8 Cir., 150 F.2d 988, 991-993, certiorari denied 66 S.Ct. 2311 in rejecting petitioners' contention that § 2(e) is unconstitutional because of the omission of the words "engaged in commerce" (i.e., interstate commerce), found in the other subsections of § 2. The fact that the purpose of Congress in enacting...

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