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COLGATE-PALMOLIVE COMPANY v. F. T. C.

Nos. 5972, 5986.

310 F.2d 89 (1962)

COLGATE-PALMOLIVE COMPANY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. TED BATES & COMPANY, Inc., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals First Circuit.

November 20, 1962.

Attorney(s) appearing for the Case

Mathias F. Correa, New York City, with whom Arthur Mermin, Corydon B. Dunham, New York City, John F. Groden, Boston, Mass., Cahill, Gordon, Reindel & Ohl, New York City, and Withington, Cross, Park & McCann, Boston, Mass., were on brief, for petitioner Colgate-Palmolive Co.

Joseph A. McManus, New York City, with whom Lane McGovern, Boston, Mass., Coudert Brothers, New York City, and Ropes & Gray, Boston, Mass., were on brief, for petitioner Ted Bates & Co.

Miles J. Brown, Washington, D. C., Attorney, with whom James McI. Henderson, General Counsel, J. B. Truly, Assistant General Counsel, and Frederick H. Mayer, Washington, D. C., Attorney, were on brief, for respondent.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

These petitions to review and set aside a cease and desist order of the Federal Trade Commission are noteworthy principally because of the extremes to which the dispute has led the parties. We shall refer to the petitioners as they were below, viz., as respondents. Respondent Colgate-Palmolive Company, with the aid and at the suggestion of its advertising agency, respondent Ted Bates & Company, in 1959 released three substantially similar...

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