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B. F. GOODRICH CO. v. FEDERAL TRADE COMMISSION

Nos. 11644-11663.

208 F.2d 829 (1953)

B. F. GOODRICH CO. v. FEDERAL TRADE COMMISSION et al. GENERAL TIRE & RUBBER CO. v. FEDERAL TRADE COMMISSION et al. GOODYEAR TIRE & RUBBER CO., Inc. v. FEDERAL TRADE COMMISSION et al. FIRESTONE TIRE & RUBBER CO. v. FEDERAL TRADE COMMISSION et al. ALLIED TIRE & BATTERY CO. et al. v. FEDERAL TRADE COMMISSION et al. UNITED STATES RUBBER CO. v. FEDERAL TRADE COMMISSION et al. INLAND RUBBER CORP. v. FEDERAL TRADE COMMISSION et al. PACIFIC TIRE & RUBBER CO. v. FEDERAL TRADE COMMISSION et al. DENMAN RUBBER MFG. CO. v. FEDERAL TRADE COMMISSION et al. MANSFIELD TIRE & RUBBER CO. v. FEDERAL TRADE COMMISSION et al. CARLISLE CORP. v. FEDERAL TRADE COMMISSION et al. DURKEE-ATWOOD CO. v. FEDERAL TRADE COMMISSION et al. SEIBERLING RUBBER CO. v. FEDERAL TRADE COMMISSION et al. DUNLOP TIRE & RUBBER CORP. v. FEDERAL TRADE COMMISSION et al. MISSOURI FARMERS ASS'N, Inc. v. FEDERAL TRADE COMMISSION et al. WESTERN AUTO SUPPLY CO. v. FEDERAL TRADE COMMISSION et al. MONTGOMERY WARD & CO., Inc. v. FEDERAL TRADE COMMISSION et al. DAYTON RUBBER CO. v. FEDERAL TRADE COMMISSION et al. LEE RUBBER & TIRE CORP. v. FEDERAL TRADE COMMISSION et al. AMERICAN OIL CO. v. FEDERAL TRADE COMMISSION et al.

United States Court of Appeals District of Columbia Circuit.

Decided July 16, 1953.

Attorney(s) appearing for the Case

Messrs. Mathias F. Correa and Lowell Wadmond, both of the bar of the Supreme Court of New York, pro hac vice, by special leave of Court, New York City, for appellants in Nos. 11644, 11645, 11646, 11647, 11649, 11650, 11651, 11652, 11653, 11654, 11655, 11656, 11657, 11658, 11659, 11661 and 11662. Mr. J. Paull Marshall, Washington, D. C., was on the brief for appellant in No. 11644. Mr. H. Douglas Weaver, Washington, D. C., entered an appearance for appellant in No. 11645. Mr. James E. Greeley, Washington, D. C., was on the brief for appellant in No. 11646. Messrs. Harold F. Baker and Louis A. Gravelle, Washington, D. C., entered appearances for appellant in No. 11647. Mr. Henry F. Butler, Washington, D. C., was on the brief for appellant in No. 11649. Mr. Charles Walker, Washington, D. C., was on the brief and Mr. Jackson Brodsky, Washington, D. C., entered an appearance for appellants in Nos. 11650, 11651, 11652 and 11653. Mr. William H. Pavitt, Jr., Washington, D. C., entered an appearance for appellants in Nos. 11654 and 11662. Mr. Narvin B. Weaver was on the brief for appellant in No. 11655. Messrs. George M. Morris and John H. Pratt, Washington, D. C., entered appearances for appellant in No. 11656. Mr. John H. Dorsey, Washington, D. C., entered an appearance for appellant in No. 11657. Mr. James M. Desmond, Washington, D. C., was on the brief and Mr. Roy B. Kelly, Washington, D. C., entered an appearance for appellant in No. 11658. Mr. Lawrence C. Moore, Washington, D. C., was on the brief for appellant in No. 11659. Messrs. Alfons B. Landa and Raymond C. Cushwa, Washington, D. C., entered appearances for appellant in No. 11661.

Mr. John M. Berent, of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, Chicago, Ill., with whom Mr. J. Strouse Campbell, Washington, D. C., was on the brief, for appellants in No. 11648.

Mr. John A. Barr, of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, Chicago, Ill., with whom Mr. Robert L. Wright, Washington, D. C., was on the brief, for appellant in No. 11660.

Mr. Hammond E. Chaffetz, Washington, D. C., with whom Messrs. Herbert J. Miller, Jr., and Perry S. Patterson, Washington, D. C., were on the brief, for appellant in No. 11663.

Mr. Philip R. Layton, Atty., Federal Trade Commission, of the bar of the Supreme Court of Colorado, pro hac vice, by special leave of Court, with whom Mr. Charles M. Irelan, U. S. Atty. at the time of argument, Washington, D. C., Messrs. William R. Glendon and Ross O'Donoghue, Asst. U. S. Attys, at the time of argument, Washington, D. C., and Mr. Joseph L. Sheehy, Director, Bureau of Antimonopoly, Federal Trade Commission, Washington, D. C., were on the brief, for appellees.

Before WILBUR K. MILLER, PRETTYMAN and WASHINGTON, Circuit Judges.

PRETTYMAN, Circuit Judge.

Appellants are organizations engaged in the rubber tire and tube business, as manufacturers, purchasers and dealers. They were plaintiffs in the District Court in civil actions which sought injunctions against an order of the Federal Trade Commission, known as Quantity-Limit Rule 203-1,1 promulgated to become effective April 7, 1952. They also sought declaratory judgments. The District Court dismissed the complaints...

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