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MOHAWK REFINING CORPORATION v. F. T. C.

No. 12606.

263 F.2d 818 (1959)

MOHAWK REFINING CORPORATION, a Corporation, and John E. C. Stroud, C. Kenneth Johnes and William L. Ashby, Individually and as Officers of Mohawk Refining Corporation, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Third Circuit.

Decided February 12, 1959.

Attorney(s) appearing for the Case

Seymour Friedman, Washington, D. C. (Joseph H. Freehill, Washington, D. C., on the brief), for petitioner.

Emerson K. Elkins, Washington, D. C. (Earl W. Kintner, Gen. Counsel, James E. Corkey, Asst. Gen. Counsel, Federal Trade Commission, Washington, D. C., on the brief), for respondent.

Before BIGGS, Chief Judge, and MARIS and McLAUGHLIN, Circuit Judges.

BIGGS, Chief Judge.

The Federal Trade Commission charged that the petitioners, in violation of Section 5(a) of the Federal Trade Commission Act, 66 Stat. 632, 15 U.S.C.A. § 45(a) (1952), engaged in the business of "reclaiming used motor oil and in selling and distributing such lubricating oil, or a blend of such oil and new oil, in [interstate] commerce to jobbers and dealers for resale to the purchasing public"; that the petitioners' oil consisted "in whole...

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