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FEDERAL TRADE COM'N v. LIGGETT & MYERS TOBACCO CO.

108 F.Supp. 573 (1952)

FEDERAL TRADE COMMISSION v. LIGGETT & MYERS TOBACCO CO.

United States District Court S. D. New York.

December 1, 1952.

Attorney(s) appearing for the Case

Daniel J. Murphy, Chief, Division of Litigation, Bureau of Anti-Deceptive Practices and Frederick McManus, Trial Attorney, Washington, D. C., for plaintiff.

Simpson, Thacher & Bartlett, New York City, Whitney North Seymour, Armand F. MacManus and Thomas Thacher, New York City, of counsel, for defendant.

IRVING R. KAUFMAN, District Judge.

The Federal Trade Commission has sought to enjoin the dissemination of allegedly false advertising by the Liggett and Myers Tobacco Company pending the issuance of a complaint under Sections 5 and 12 of the Federal Trade Commission Act, 15 U.S.C.A. §§ 45, 52. The advertising in question is the defendant's representation

"directly or by implication, that Chesterfield cigarettes can be smoked by any smoker without...

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