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ELMO DIVISION OF DRIVE-X COMPANY v. DIXON

No. 18559.

348 F.2d 342 (1965)

The ELMO DIVISION OF DRIVE-X COMPANY, Inc., et al., Appellants, v. Paul Rand DIXON, The Federal Trade Commission, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 11, 1965.

Petition for Rehearing Denied May 6, 1965.

Attorney(s) appearing for the Case

Mr. Geo. Stephen Leonard, Washington, D. C., for appellants. Mr. Richard L. Hirshberg, Washington, D. C., also entered an appearance for appellants.

Mr. David Epstein, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Miss Sylvia A. Bacon, Asst. U. S. Attys., were on the brief, for appellees. Mr. Harold D. Rhynedance, Jr., Atty., Federal Trade Commission, also entered an appearance for appellees.

Before PRETTYMAN, Senior Circuit Judge, and FAHY and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied May 6, 1965.

PER CURIAM:

Appellant sought declaratory and injunctive relief to stop the Federal Trade Commission from continuing with a complaint proceeding on the ground that a consent decree in an earlier proceeding requires the Commission to proceed by way of reopening that case. The District Court dismissed for want of jurisdiction; we must accordingly assume, for the purposes of the appeal, the truth of facts well...

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