FEDERAL TRADE COMMISSION v. MENZIES

Nos. 36, 37, 38.

145 F.Supp. 164 (1956)

FEDERAL TRADE COMMISSION, Petitioner, v. John T. MENZIES, President, Crosse & Blackwell Company, Defendant. FEDERAL TRADE COMMISSION, Petitioner, v. Charles P. McCORMICK, President, McCormick & Company, Inc., Defendant. FEDERAL TRADE COMMISSION, Petitioner, v. Samuel H. HOFFBERGER, President, Pompeian Olive Oil Corporation, Defendant.

United States District Court D. Maryland.

August 30, 1956.


Attorney(s) appearing for the Case

Andrew C. Goodhope, Atty., Federal Trade Commission, Washington, D. C., and Walter E. Black, Jr., U. S. Atty., Baltimore, Md., for petitioners.

James W. Cassedy, Washington, D. C., A. Adgate Duer and Niles, Barton, Yost & Dankmeyer, Baltimore, Md., for John T. Menzies, President of the Crosse & Blackwell Co., and the Crosse & Blackwell Co.

G. C. A. Anderson, Baltimore, Md., and James W. Cassedy, Washington, D. C., for Charles P. McCormick, President, McCormick & Co., Inc.

James W. Cassedy, Washington, D. C., and Morton J. Hollander, Baltimore, Md., for Samuel H. Hoffberger, President, Pompeian Olive Oil Corp., and Pompeian Olive Oil Corp.


THOMSEN, Chief Judge.

The principal question involved in these three cases is whether the Federal Trade Commission has the power to issue subpoenas duces tecum in proceedings before the Commission based upon alleged violations of subsection (d) of sec. 2 of the Clayton Act, 38 Stat. 730, as amended by the Robinson-Patman Act, 49 Stat. 1526, 15 U.S.C.A. § 13.

The Proceedings.

In November, 1955, the Commission issued three complaints, against...

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