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RUBEROID CO. v. FEDERAL TRADE COMMISSION

No. 149, Docket 21667.

191 F.2d 294 (1951)

RUBEROID CO. v. FEDERAL TRADE COMMISSION.

United States Court of Appeals Second Circuit.

Decided August 14, 1951.

Attorney(s) appearing for the Case

Cyrus Austin, of New York City (Austin & Malkan, of New York City, on the brief), for petitioner.

Jno. W. Carter, Jr., Atty., Federal Trade Commission, of Washington, D. C. (W. T. Kelley, Gen. Counsel, and James W. Cassedy, Asst. Gen. Counsel, Federal Trade Commission, of Washington, D. C., on the brief), for respondent.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

When this appeal was first decided, our mandate was "Order affirmed; enforcement granted." Petitioner now seeks to have us amend our mandate by striking therefrom any reference to enforcement. In the original appeal, petitioner sought, as provided by 15 U.S.C.A. § 21, to have us modify an order of the Federal Trade Commission ("FTC") by limiting its scope and by inserting therein certain defenses provided by the Clayton Act, as amended, 15 U.S.C.A...

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