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NORTHERN FEATHER WORKS v. FEDERAL TRADE COM'N

Nos. 11727, 11728.

234 F.2d 335 (1956)

NORTHERN FEATHER WORKS, Inc., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. Bernard H. SUMERGRADE, Harry O. Sumergrade and Saul R. Sumergrade, co-partners trading as N. Sumergrade & Sons, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Third Circuit.

Decided June 5, 1956.

Attorney(s) appearing for the Case

John C. Prizer, New York City (Thacher, Proffitt, Prizer, Crawley, & Wood, New York City, on the brief), Howard B. Nichols, New York City, for Northern Feather Works, Inc.

Paul E. Doherty, Jersey City, N. J. (Lowenstein, Pitcher, Amann & Parr, New York City, on the brief), for Bernard H. Sumergrade et al.

James B. Truly, Washington, D. C. (Earl W. Kintner, Gen. Counsel, Robert B. Dawkins, Asst. Gen. Counsel, Joseph B. Kennedy, Jr., Washington, D. C., on the brief), for Federal Trade Commission.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

This is a petition to set aside an order of the Federal Trade Commission issued under section 5 of the Federal Trade Commission Act. 15 U.S.C.A. § 45.

Paragraph (c) of the statute gives the test of the scope of our review. "The findings of the Commission as to the facts, if supported by evidence, shall be conclusive. * * *" See C. Howard Hunt Pen Co. v. Federal Trade Commission, 3 Cir., 1952, 197 F.2d 273

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