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GERSON v. FEDERAL TRADE COMMISSION

No. 14161.

325 F.2d 93 (1963)

Jonas GERSON, an Individual, Trading as Haven Company, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Seventh Circuit.

November 20, 1963.

Attorney(s) appearing for the Case

Lester P. Schwartz, Brooklyn, N. Y., Bennett E. Aron, Hempstead, N. Y., for petitioner.

J. B. Truly, Asst. Gen. Counsel, J. Lane Morthland, Atty., James McI. Henderson, Gen. Counsel, Federal Trade Commission, Washington, D. C., for respondent.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This is a petition to review and set aside an order of the Federal Trade Commission that petitioner Gerson cease and desist from merchandising by means of a "pull tab" device in violation of § 5 (a) of the Federal Trade Commission Act.1

The question is whether a sales practice violates § 5(a) of the Act where sales agents, compensated by premium gifts or commissions, solicit purchasers to "take a...

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