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NATIONAL DYNAMICS CORPORATION v. F. T. C.

No. 355, Docket 73-1754.

492 F.2d 1333 (1974)

NATIONAL DYNAMICS CORPORATION, a corporation, and Elliott Meyer, Individually and as an officer of said corporation, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 6, 1974.

Attorney(s) appearing for the Case

Jerold W. Dorfman, New York City (Friend & Dorfman, New York City, of counsel), for petitioners.

John T. Fischbach, Federal Trade Commission, Washington, D. C. (Calvin J. Collier, Gen. Counsel, and Harold D. Rhynedance, Jr., Asst. Gen. Counsel, Federal Trade Commission, Washington, D. C., of counsel), for respondent.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

PER CURIAM:

National Dynamics Corporation (NDC) manufactures a battery additive known as VX-6. It markets the product largely through some 12,000 distributors. Some of these work on a full-time basis, but most work only part-time. The distributors are not NDC employees, but the company supplies them with sales and advertising materials with which to promote the product.

In November 1969, the Federal Trade Commission...

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