FEDERAL TRADE COMMISSION, Plaintiff-Appellee,
v.
H.G. KUYKENDALL, Sr., individually and as an officer of National Marketing Service, Inc., NPC Corporation of the Midwest, Inc. and Magazine Club Billing Service, Inc.; C.H. Kuykendall; Diversified Marketing Service Corp., an Oklahoma corporation; National Marketing Service, Inc., an Oklahoma corporation; NPC Corporation of the Midwest, Inc., an Oklahoma corporation; H.G. Kuykendall, Jr.; Magazine Club Billing Service, Inc., an Oklahoma corporation, Defendants-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 10, 2004.
June 10, 2004.
Attorney(s) appearing for the Case
Gregory J. Kerwin, Gibson, Dunn & Crutcher, LLP (Taggart Hansen and Michael L. Denger, Gibson, Dunn & Crutcher, LLP, Washington, DC; Andrew W. Lester and Susan B. Loving, Lester, Loving & Davies, P.C., with him on the briefs), Denver, CO, for Defendants-Appellants H.G. Kuykendall, Sr. and C.H. Kuykendall.
Walter H. Sargent, Walter H. Sargent, a professional corporation (Stephen G. Solomon and George W. Velotta II, Derryberry, Quigley, Solomon & Naifeh, Oklahoma City, OK, with him on the briefs), Colorado Springs, CO, for Defendants-Appellants H.G. Kuykendall, Jr., Diversified Marketing Services Corp., National Marketing Service, Inc., NPC Corporation of the Midwest, Inc., and Magazine Club Billing Service, Inc.
John F. Daly, Deputy General Counsel for Litigation, Federal Trade Commission (William E. Kovacic, General Counsel, Michele Arington, Attorney, Gary L. Ivens and S. Brian Huseman, Of Counsel, with him on the briefs), Washington, DC, for Plaintiff-Appellee.
Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TYMKOVICH, Circuit Judge.
On January 28, 2002, the Federal Trade Commission ("FTC" or "Commission") sought $51 million in sanctions and a contempt order against the defendant telemarketers, permanently banning them from the magazine sales business. The district court held an evidentiary hearing twenty-eight days later. After the hearing, the court found the defendants in contempt of a prior injunctive order and imposed $39...
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