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FEDERATED NATIONWIDE WHOLESALERS SERVICE v. F. T. C.

No. 306, Docket 31599.

398 F.2d 253 (1968)

FEDERATED NATIONWIDE WHOLESALERS SERVICE, Garydean Corp., a corporation trading under the names Federated Wholesalers Service, Nationwide Wholesalers Service, and Federated Wholesalers Nationwide Service, Jay Norris Corp., a corporation, and Joel Jacobs and Mortimer Williams, individually and as officers of said corporations, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Second Circuit.

Decided July 8, 1968.

Attorney(s) appearing for the Case

Solomon H. Friend, New York City (Bass & Friend, New York City, on the brief), for petitioners.

Louis Rosenman, F.T.C., Washington, D. C. (James McI. Henderson, Gen. Counsel, J. B. Truly, Asst. Gen. Counsel, Alvin L. Berman, F.T.C., Washington, D. C., on the brief), for respondent.

Before HAYS, ANDERSON and FEINBERG, Circuit Judges.

ANDERSON, Circuit Judge:

This is a petition to review a decision of the Federal Trade Commission in which the petitioners, who sell items of general merchandise to consumers and retail stores through mail-order catalogs, were found to have engaged in unfair and deceptive trade practices by advertising their business as a wholesale operation and by offering goods for sale at what they termed wholesale prices. We hold that...

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