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ELLIOT KNITWEAR, INC. v. F. T. C.

No. 158, Docket No. 25239.

266 F.2d 787 (1959)

ELLIOT KNITWEAR, INC., a Corporation, Elliot Import Corporation, a Corporation, and Herman Gross, Individually, and as an Officer of Said Corporations, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Second Circuit.

Decided May 6, 1959.

Attorney(s) appearing for the Case

Martin C. Barell and Jack Verschleiser, of Goldstein, Golenbock & Barell, New York City, for petitioners.

Earl W. Kintner, Gen. Counsel, James E. Corkey, Asst. Gen. Counsel, and Frederick H. Mayer, Atty., Federal Trade Commission, Washington, D. C., for respondent.

Before WASHINGTON, WATERMAN and MOORE, Circuit Judges.

WASHINGTON, Circuit Judge.

The issue in the present case is whether the label appended to the sweaters sold by the petitioners is a violation of Section 5(a) (1) of the Federal Trade Commission Act,1 which declares unlawful "Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce * * *."2

The sweaters in question contained...

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