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MONO-THERM INDUSTRIES, INC. v. F. T. C.

No. 80-2113.

653 F.2d 1373 (1981)

MONO-THERM INDUSTRIES, INCORPORATED and Con-Serv, a Division of Bay State Gas Company, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided July 14, 1981.

Attorney(s) appearing for the Case

William J. Kenney of William J. Kenney & Associates, John P. Wintrol and Frederick H. Graefe of Perito, Duerk, Carlson & Pinco, P. C., Washington, D. C., Steven W. Hale and Paul Barrett of Cable, Barrett, Langenbach & McInerney, Seattle, Wash., for petitioners.

James H. Sneed, Acting Gen. Counsel, Howard E. Shapiro, Deputy Gen. Counsel, W. Dennis Cross, Asst. Gen. Counsel, and Theodore H. Hoppock, Atty., F. T. C., Washington, D. C., Paul Petruccelli, Michael L. Rodemeyer and Kent C. Howerton, Attys., Bureau of Consumer Protection, F. T. C., Washington, D. C., of Counsel, for respondent.

Before DOYLE, LOGAN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

The FTC has moved to dismiss as untimely a petition filed by Mono-Therm Industries, Inc. and Con-Serv, a Division of Bay State...

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