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ASHEVILLE TOBACCO BOARD OF TRADE, INC. v. F. T. C.

No. 7678.

263 F.2d 502 (1959)

ASHEVILLE TOBACCO BOARD OF TRADE, INC., a corporation, et al., Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Fourth Circuit.

Decided January 20, 1959.

Attorney(s) appearing for the Case

Harold F. Baker, Washington, D. C. (Williams & Williams, Clinton, N. C., R. R. Williams, Asheville, N. C., Howrey & Simon, and Richard L. Perry, Washington, D. C., on the brief), for petitioners.

Malcolm B. Seawell, Atty. Gen. of North Carolina, for the State of North Carolina, amicus curiae.

J. B. Truly, Atty., Federal Trade Commission, Washington, D. C. (Earl W. Kintner, Gen. Counsel, James E. Corkey, Asst. Gen. Counsel, and Henry G. Pons, Atty., Federal Trade Commission, Washington, D. C., on the brief), for respondent.

Before SOPER, Circuit Judge, and THOMSEN and BOREMAN, District Judges.

THOMSEN, District Judge.

This petition to review a "cease and desist" order of the Federal Trade Commission raises two principal questions: (1) whether the case is within the jurisdiction of the Commission; and (2) whether there is substantial evidence in the record considered as a whole which supports the finding of the Commission that certain regulations adopted by petitioner Asheville Tobacco Board of Trade, Inc. (Board) unreasonably and unduly restrain trade in...

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