TRADE COMM'N v. CEMENT INSTITUTE

No. 23.

333 U.S. 683 (1948)

FEDERAL TRADE COMMISSION v. CEMENT INSTITUTE ET AL.

Supreme Court of United States.

Decided April 26, 1948.


Attorney(s) appearing for the Case

Charles H. Weston and Walter B. Wooden argued the cause for petitioner. With them on the brief were Solicitor General Perlman, Assistant Attorney General Sonnett, Robert G. Seaks, Philip Elman and W.T. Kelley.

William J. Donovan argued the cause for the Cement Institute et al., respondents in Nos. 23, 24 and 34. With him on the brief were George S. Leisure, Breck P. McAllister, James R. Withrow, Jr., Henry Herrick Bond, Ira C. Werle, Robert E. McKean, F. Carroll Taylor, James F. Oates, Jr., Russell J. Burt, A.O. Dawson, George W. Jaques, George Nebolsine, Harry Scherr, Horace G. Hitchcock, Paul Brown, J.T. Stokely, C. Alfred Capen, Edward D. Lyman, William M. Robinson, Charles H. Smith and Emil H. Molthan. Thomas J. McFadden and Francis A. Brick were also of counsel.

Herbert W. Clark argued the cause for the Calaveras Cement Co. et al., respondents in Nos. 24 and 26. With him on the brief were Walter C. Fox, Jr., Marshall P. Madison, Robert H. Gerdes, William J. Donovan, George S. Leisure and Edward D. Lyman.

Edward A. Zimmerman argued the cause for respondent in No. 25. With him on the brief were H.W. Norman and W.R. Engelhardt. A.K. Shipe was also of counsel.

Charles Wright, Jr. argued the cause for respondent in No. 27. With him on the brief was Laurence A. Masselink.

Herbert S. Little argued the cause for respondent in No. 28. With him on the brief was F.A. LeSourd.

S. Harold Shefelman argued the cause and filed a brief for respondent in No. 29.

Pierce Works argued the cause for respondent in No. 30. With him on the brief was Louis W. Myers.

Nathan L. Miller argued the cause for the Universal Atlas Cement Co., respondent in No. 31. With him on the brief were Roger M. Blough and John H. Hershberger.

Alex W. Davis argued the cause for respondent in No. 32. With him on the brief was Robert B. Murphey.

No appearance for respondents in No. 33.

Thurlow M. Gordon and Neil C. Head filed a brief for the General Electric Co., as amicus curiae, supporting respondents in Nos. 23, 24 and 34.


MR. JUSTICE BLACK delivered the opinion of the Court.

We granted certiorari to review the decree of the Circuit Court of Appeals which, with one judge dissenting, vacated and set aside a cease and desist order issued by the Federal Trade Commission against the respondents. 157 F.2d 533. Those respondents are: The Cement Institute, an unincorporated trade association composed of 74 corporations1 which manufacture...

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