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F.T.C. v. MTK MARKETING, INC.

No. 97-55280.

149 F.3d 1036 (1998)

FEDERAL TRADE COMMISSION, Plaintiff-Appellant, v. MTK MARKETING, INC., d/b/a District Supply Center and Central Supply Center; Nationwide Transport, Inc., d/b/a District Supply Center, Copy Resource Center, Inc., d/b/a District Supply Center and Central Supply Center; Intel Marketing of California, Inc., d/b/a District Supply Center; Telco Marketing, Inc., d/b/a Central Supply Center; Paragon Shipping, Inc., d/b/a National Supply Center; ACACIA PROPERTIES, INC., d/b/a National Supply Center; Sam June; Erick Graziano, a/k/a Eric Knight; Donald N. Ryan; Donna Green; Colleen McCullough; Jeanine Dora; James Rem, d/b/a Central Supply Center and JR Associates, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1998.

Attorney(s) appearing for the Case

Lawrence DeMille-Wagman, argued, Stephen Calkins, General Counsel, Jay C. Shaffer, Deputy General Counsel, and Ernest J. Isenstadt, Assistant General Counsel, on the brief, Federal Trade Commission, Los Angeles, California, for the plaintiff-appellant.

Jeffrey D. Horowitz, Andrew B. Holmes, Dubois, Billig, Loughlin, Conaty & Weisman, Los Angeles, California, for the defendants-appellees.

Before: FLETCHER, D.W. NELSON, and SILVERMAN, Circuit Judges.

D.W. NELSON, Circuit Judge:

To resolve the instant appeal, we must determine whether the Federal Trade Commission ("FTC") is a "person" entitled to enforce liability on a surety bond. We conclude that it is.

FACTUAL AND PROCEDURAL BACKGROUND

This case calls upon us to interpret Article 1.4 of California's Telephone Sellers Act ("Act"), which regulates the practices of telephone solicitors. Cal. Bus. & Prof.Code §§ 17511-17511...

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