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S. & S. PHARMACEUTICAL CO. v. F. T. C.

No. 25569.

408 F.2d 487 (1969)

S. & S. PHARMACEUTICAL CO., Inc., a Corporation; and Samuel Fox, Individually and as an officer of said Corporation; Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

March 5, 1969.

Attorney(s) appearing for the Case

Solomon H. Friend, Bass & Friend, New York City, for petitioners.

J. B. Truly, Asst. Gen. Counsel, F. T. C., W. Risque Harper, Atty., F. T. C., Washington, D. C., James McI. Henderson, Gen. Counsel, for F. T. C.

Before PHILLIPS, BELL, and LEWIS R. MORGAN, Circuit Judges.

PER CURIAM:

This case comes to us on a petition to review and set aside a cease and desist order of the Federal Trade Commission issued upon a complaint charging that S. & S. Pharmaceutical violated § 5(a) (1) of the Federal Trade Commission Act.1 The petition will be denied and the order enforced.

The modus operandi used by S. & S. to open new accounts was double-barreled. One barrel consisted of unsolicited...

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