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GELLMAN v. F. T. C.

No. 16555.

290 F.2d 666 (1961)

Nate GELLMAN, Burt Horwitz and Peter Podany, individually and as co-partners doing business as Gellman Brothers, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Eighth Circuit.

May 26, 1961.

Attorney(s) appearing for the Case

Maurice Weinstein, Milwaukee, Wis., for petitioners.

Alvin L. Berman, Atty., Federal Trade Commission, Washington, D. C., for respondent. PGad B. Morehouse, Acting Gen. Counsel, and Alan B. Hobbes, Asst. Gen. Counsel, Federal Trade Commission, Washington, D. C., on the brief for respondent.

Before VOGEL and BLACKMUN, Circuit Judges, and BECK, District Judge.

VOGEL, Circuit Judge.

On May 23, 1960, the Federal Trade Commission, respondent herein, adopted as its decision an order dated December 23, 1959, issued by its Hearing Examiner, directing that the petitioners, individually and as a partnership trading under the name of Gellman Brothers,

"* * * do forthwith cease and desist from selling or distributing in commerce, as `commerce' is defined in the Federal Trade Commission...

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