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F. T. C. v. STERLING DRUG, INC.

No. 370, Docket 28118.

317 F.2d 669 (1963)

FEDERAL TRADE COMMISSION, Plaintiff-Appellant, v. STERLING DRUG, INC., Dancer-Fitzgerald-Sample, Inc., and Thompson-Koch Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided May 6, 1963.

Attorney(s) appearing for the Case

Harold D. Rhynedance, Jr., Washington, D. C. (James McI. Henderson, Gen. Counsel, and J. B. Truly, Asst. Gen. Counsel, on the brief), for plaintiff-appellant.

Mathias F. Correa, of Cahill, Gordon, Reindel & Ohl, New York City (Thomas C. Mason and H. Richard Schumacher, New York City, on the brief), for defendants-appellees Sterling Drug, Inc. and Thomas-Koch Co.

Frank A. F. Severance, of Dunnington, Bartholow & Miller, New York City (Gordon M. Lucey, New York City, of counsel), for defendant-appellee Dancer-Fitzgerald-Sample, Inc.

Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge.

The Federal Trade Commission, appellant here, instituted an action in the District Court for the Southern District of New York praying for a temporary injunction designed to prevent the dissemination of what the Commission alleged it had reason to believe was false and misleading advertising. Judge Dawson denied the injunction, 215 F.Supp. 327 (S.D.N.Y.1963), holding that the Commission had failed to make...

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