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GREAT WESTERN DISTRIBUTING COMPANY v. F. T. C.

No. 19194.

338 F.2d 967 (1964)

GREAT WESTERN DISTRIBUTING COMPANY, a corporation, and Earl C. Jasper, individually and as an officer of said corporation, and Edward J. Carr, an individual, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 22, 1964.

Attorney(s) appearing for the Case

Paul C. Keeton, Lewiston, Idaho, for petitioners.

James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, Charles C. Moore, Jr., W. Risque Harper, Attys., F. T. C., Washington, D. C., for respondent.

Before HAMLEY, JERTBERG and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

Petitioners ask us to set aside an order of the Federal Trade Commission prohibiting them from "Selling or distributing in commerce * * * punchboards or other devices, either with merchandise or separately, which are designed or intended to be used in the sale or distribution of merchandise to the public by means of a game of chance, gift enterprise or lottery scheme."

Petitioners contend that by the words "designed or intended" the...

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