Peerless Products, Inc. v. FTC, No. 13034.
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | HASTINGS, , and DUFFY and MAJOR, Circuit |
| Citation | 284 F.2d 825 |
| Decision Date | 29 December 1960 |
| Docket Number | No. 13034. |
| Parties | PEERLESS PRODUCTS, INC., a corporation and Marshall Maltz, Rose Maltz and Shirley Maltz, individually and as officers of said corporation, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent. |
284 F.2d 825 (1960)
PEERLESS PRODUCTS, INC., a corporation and Marshall Maltz, Rose Maltz and Shirley Maltz, individually and as officers of said corporation, Petitioners,
v.
FEDERAL TRADE COMMISSION, Respondent.
No. 13034.
United States Court of Appeals Seventh Circuit.
November 30, 1960.
Rehearing Denied December 29, 1960.
Simon Herr, Chicago, Ill., for petitioners.
Alan B. Hobbes, Asst. Gen. Counsel, James McI. Henderson, Atty., Daniel J. McCauley, Jr., Gen. Counsel, Jno. W. Carter, Jr., Atty., Federal Trade Commission, Washington, D. C., for respondent.
Before HASTINGS, Chief Judge, and DUFFY and MAJOR, Circuit Judges.
HASTINGS, Chief Judge.
This is a petition to review and set aside an order of respondent Federal Trade Commission requiring petitioners Peerless Products, Inc., a corporation, and Shirley Maltz, as an officer of Peerless, and Marshall Maltz, individually and as an officer of Peerless,1 to cease and desist from "selling or distributing in commerce * * * punchboards or other devices which are designed or intended to be used in the sale or distribution of merchandise to the public by means of a game of chance, gift enterprise or lottery scheme." Such order was issued at the conclusion of the normal administrative process within the Commission.
At the outset, we reaffirm that the "law is now firmly established that the practice of selling goods by means which involve a game of chance, gift enterprise or lottery, including push cards such as we have here, is contrary to the established public policy of the United States and the sale and distribution, in interstate commerce, of such devices designed for the purpose of selling merchandise by games of chance or lottery is violative of the Federal Trade Commission Act."2 Surf Sales Co. v. Federal Trade Commission, 7 Cir., 1958, 259 F.2d 744, 746. See the multitude of cases to the same effect cited in Goldberg v. Federal Trade Commission, 7 Cir., 1960, 283 F.2d 299.
Petitioners first contend that the evidence is not sufficient to sustain the Commission's order. An examination of the evidence in the record reveals that petitioners shipped punchboards from Peerless' plant in Chicago, Illinois, to customers in Ohio, Pennsylvania, and Washington. These punchboards were of a conventional type, similar in construction to those which have been the subject of repeated litigation in many cases before this court. Cf., James v. Federal Trade Commission, 7 Cir., 1958, 253 F.2d 78, 79-80. Most of the boards were "plain boards" which had no legend printed upon them designating the winning numbers and prizes. However,...
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...provide protection substantially similar to the federal rule. Harry and Bryant Co., 726 F.2d at 999. Cf. Peerless Products, Inc. v. FTC, 284 F.2d 825, 827 (7th Cir.1960) (FTC "can restrain unfair business practices in interstate commerce even if the activities or industries have been the su......
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Marco Sales Company v. FTC, No. 188
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Spiegel, Inc. v. F.T.C., No. 75-1919
...the antitrust laws." 405 U.S. at 244, 92 S.Ct. at 905. Page 293 Previously, this Court, in Peerless Products v. Federal Trade Commission, 284 F.2d 825 (7th Cir. 1960), cert. denied 365 U.S. 844, 81 S.Ct. 804, 5 L.Ed.2d 809 (1960), rejected the argument that a practice, legal under local law......
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American Financial Services Ass'n v. F.T.C., Nos. 84-1081
...provide protection substantially similar to the federal rule. Harry and Bryant Co., 726 F.2d at 999. Cf. Peerless Products, Inc. v. FTC, 284 F.2d 825, 827 (7th Cir.1960) (FTC "can restrain unfair business practices in interstate commerce even if the activities or industries have been the su......
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Marco Sales Company v. FTC, No. 188
...(1965); Gerson v. FTC, 325 F.2d 93 (7th Cir. 1963); Wren Sales Co. v. FTC, 296 F.2d 456 (7th Cir. 1961); Peerless Products, Inc. v. FTC, 284 F.2d 825 (7th Cir. 1960), cert. denied, 365 U.S. 844, 81 S.Ct. 804, 5 L.Ed.2d 809 (1961); Goldberg v. FTC, 283 F.2d 299 (7th Cir. 1960); Surf Sales Co......
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State v. Reader's Digest Ass'n, Inc., No. 42252
...Trade Comm'n v. R. F. Keppell & Bro., Inc., 291 U.S. 304, 54 S.Ct. 423, 78 L.Ed. 814 (1934); Peerless Prod., Inc. v. Federal Trade Comm'n, 284 F.2d 825 (7th Cir. 1960), cert. denied, 365 U.S. 844, 81 S.Ct. 804, 5 L.Ed.2d 809 (1961); Globe Cardboard Novelty Co. v. Federal Trade Comm'n, 192 F......
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Spiegel, Inc. v. F.T.C., No. 75-1919
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