Drath v. Federal Trade Commission, 13303.
Citation | 239 F.2d 452,99 US App. DC 289 |
Decision Date | 13 December 1956 |
Docket Number | No. 13303.,13303. |
Parties | Carl DRATH, t/a Broadway Gift Company, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. |
Court | United States Courts of Appeals. United States Court of Appeals (District of Columbia) |
Mr. Horace J. Donnelly, Jr., Washington, D. C., with whom Mr. Arthur V. Sullivan, Jr., Boston, Mass., was on the brief, for petitioner.
Mr. J. B. Truly, Attorney, Federal Trade Commission, pro hac vice, by special leave of Court, with whom Mr. Robert B. Dawkins, Assistant General Counsel, Federal Trade Commission, was on the brief, for respondent.
Before WILBUR K. MILLER, FAHY and DANAHER, Circuit Judges.
Writ of Certiorari Denied March 25, 1957. See 77 S.Ct. 666.
Attending in obedience to a subpoena, Draft testified at the hearing which preceded the order. He said he had sent thousands of push cards and pull tab catalogues, "just as a sales stimulus," to persons on his mailing lists, some of whom ordered merchandise which he shipped to them. He insisted he knew nothing of what the recipients did with the push cards and other devices he sent them, and argues here that the practices interdicted by the Commission are not unfair within the meaning of § 5 of the Federal Trade Commission Act, 15 U.S.C. § 45. As we said in the Seymour Sales case,1 the argument comes too late, as the contrary has long been established. Federal Trade Commission v. Keppel & Bro., 1934, 291 U.S. 304, 54 S.Ct. 423, 78 L.Ed. 814. Cf. Hamilton Mfg. Co. v. Federal Trade Commission, 1952, 90 U.S.App.D.C. 169, 194 F.2d 346; U. S. Printing & Novelty Co. v. Federal Trade Commission, 92 U. S.App.D.C. 298, 204 F.2d 737, certiorari denied 1953, 346 U.S. 830, 74 S.Ct. 52, 98 L.Ed. 354.
Drath further contends the cease and desist order should be set aside because the Commission unlawfully based it upon his testimony — without which, he says, the evidence was insufficient to support the order — in view of the immunity granted by § 9 of the Act, 15 U.S.C. § 49, which reads as follows:
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