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BOND CROWN & CORK CO. v. FEDERAL TRADE COMMISSION

Nos. 5813, 5814, No. 5817.

176 F.2d 974 (1949)

BOND CROWN & CORK CO. v. FEDERAL TRADE COMMISSION. CROWN MFRS. ASS'N OF AMERICA et al. v. FEDERAL TRADE COMMISSION. ARMSTRONG CORK CO. et al. v. FEDERAL TRADE COMMISSION.

United States Court of Appeals Fourth Circuit.

Decided August 22, 1949.

Attorney(s) appearing for the Case

Roger A. Clapp, Baltimore, Md. (Albert E. Donaldson and Hershey, Donaldson, Williams & Stanley, Baltimore, Md., on the brief), for petitioners in No. 5814.

H. Bartow Farr, New York City (Willkie, Owen, Farr, Gallagher & Walton, New York City, Helmer R. Johnson, New York City, and Semmes, Bowen & Semmes, Baltimore, Md., on the brief), for petitioner in No. 5813.

Frank B. Ingersoll, Pittsburgh, Pa. (Rex Rowland, New Castle, Pa., and Smith, Buchanan & Ingersoll, Pittsburgh, Pa., on the brief), for petitioners in No. 5817.

Donovan R. Divet, Special Attorney, Federal Trade Commission, Washington, D. C. (W. T. Kelley, General Counsel, Walter B. Wooden, Associate General Counsel, and James W. Cassedy, Associate General Counsel, Federal Trade Commission, Washington, D. C., on the brief), for respondent.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

These are petitions to review and set aside an order of the Federal Trade Commission finding that the petitioners have been parties to a conspiracy and combination in restraint of trade constituting an unfair method of competition in violation of section 5 of the Federal Trade Commission Act, 38 Stat. 719, 15 U.S.C.A. § 45, and commanding them to cease and desist from carrying out any "planned common course of action" with respect to certain...

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