TRAVELERS HEALTH ASSOCIATION v. F. T. C.

No. 15743.

262 F.2d 241 (1959)

TRAVELERS HEALTH ASSOCIATION, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Eighth Circuit.

January 13, 1959.


Attorney(s) appearing for the Case

C. C. Fraizer, Lincoln, Neb. (T. J. Fraizer and Fraizer & Fraizer, Lincoln, Neb., on the brief), for petitioner.

James E. Corkey, Asst. General Counsel, Federal Trade Commission, Washington, D. C. (Earl W. Kintner, General Counsel, and J. B. Truly, Alvin L. Berman, Edwin S. Rockefeller and Frederick H. Mayer, Attorneys, Federal Trade Commission, Washington, D. C., on the brief), for respondent.

Clarence S. Beck, Atty. Gen. of the State of Nebraska, and Ralph D. Nelson, Asst. Atty. Gen. of the State of Nebraska, filed brief for the State of Nebraska, as Amicus Curiæ, in support of petitioner. Joinders in the Amicus Curiæ brief of the State of Nebraska with respect to the question of the jurisdiction of the Federal Trade Commission were filed by the following: Bruce Bennett, Atty. Gen., for the State of Arkansas; John J. Bracken, Atty. Gen., of the State of Connecticut; Richard W. Ervin, Atty. Gen., for the State of Florida; Eugene Cook, Atty. Gen., for the State of Georgia; Norman A. Erbe, Atty. Gen., for the State of Iowa; Jo M. Ferguson, Atty. Gen., and Earle V. Powell, Asst. Atty. Gen., for the Commonwealth of Kentucky; Jack P. F. Gremillion, Atty. Gen., for the State of Louisiana; Rufus D. Hayes, Baton Rouge, La., Comm. of Ins. of the State of Louisiana; Frank F. Harding, Atty. Gen., for the State of Maine; C. Ferdinand Sybert, Atty. Gen., for the State of Maryland; Thomas M. Kavanagh, Atty. Gen. of the State of Michigan; Fred M. Standley, Atty. Gen., for the State of New Mexico; Louis J. Lefkowitz, Atty. Gen., of the State of New York; Leslie R. Burgum, Atty. Gen., for the State of North Dakota; T. C. Callison, Atty. Gen., for the State of South Carolina; E. R. Callister, Atty. Gen., for the State of Utah; Frederick M. Reed, Atty. Gen., for the State of Vermont; Kenneth C. Patty, Atty. Gen., for the Commonwealth of Virginia; Stewart G. Honeck, Atty. Gen., of the State of Wisconsin; Thomas O. Miller, Atty. Gen., for the State of Wyoming; Duke W. Dunbar, Atty. Gen., of the State of Colorado.

Whitney North Seymour, New York City, and Simpson, Thacher & Bartlett, New York City, filed brief for The Health Insurance Ass'n of America, amici curiæ.

Before SANBORN, JOHNSEN and VOGEL, Circuit Judges.


SANBORN, Circuit Judge.

Travelers Health Association, of Omaha, Nebraska, by a petition to review, challenges the validity of a cease and desist order of the Federal Trade Commission dated December 20, 1956. The order was based upon a determination by the Commission (1) that it had jurisdiction to regulate the advertising practices of the petitioner in the promotion and sale, by mail, of insurance against disability caused by sickness, and (2) that certain of the...

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