No. 13832.

302 F.2d 267 (1962)

SPENCER GIFTS, INC., a Corporation of New Jersey, and Max Adler, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Third Circuit.

Decided May 4, 1962.

Attorney(s) appearing for the Case

Saul W. Arkus, Atlantic City, N. J. (Arkus & Cooper, Atlantic City, N. J., on the brief), for petitioners.

Thomas F. Howder, Washington, D. C. (James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, F. T. C., on the brief), for respondent.

Before HASTIE, FORMAN and SMITH, Circuit Judges.


In this case the Federal Trade Commission has issued a cease and desist order with reference to certain deceptive advertising of the petitioner, despite the fact that the petitioner had discontinued the conduct in question several months before the Commission's inquiry began. The sole question now is whether the Commission was arbitrary in concluding that, the timing and circumstances of the abandonment of the...

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