John Mcgraw, E. A. Glennon, Copartners doing business under the name of Royal Milling Co., Etc., and Individually

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IN THE MATTER OF JOHN MoGRA W, E. A. GLENNON, COPARTNERS DOING BUSINESS UNDER THE NAME OF ROYAL MILLING CO., ETC., AND INDIVIDUALLY MODIFIED ORDER TO CEASE AND DESIST Docket 159'1. Order, Sept. 25, 1933 Order modifying order in 15 F.T.C. 38, relating to the use of trade or other names which include the words "milling company", or words of like import, and the making of representations, by concerns engaged in the purchase, mixing, and sale of plain and selfrlsing flour, in competition with others slmllarly engaged, and also with those actually grinding wheat Into flour and making and selllng such products: as in the order set forth. The motion heretofore filed by counsel for the Commission to modify the order to cease and desist that was originally issued by the Commission in the above-entitled case, having been heretofore, after due notice to respondents, presented and submitted to the Commission, and the Commission, having considered the same and being fully advised in the premises, now sustains said motion to modify said order to cease and desist.

It is therefore ordered, By the Commission that the cease and desist order heretofore issued by the Commission in this case be, and hereby is, modified by changing the period at the end of the first paragraph thereof to a semicolon and adding immediately thereafter the following words, to wit:

unless and until respondent shall insert and use also the words "Not Grinders of Wheat" in Immediate conjunction with its title, corporate name, trade name or other designation, and in letters equally legible and conspicuous, when said title, corporate name, trade name or other designation is used on stationery, letterheads, bags, containers, advertising matter, or otherwise.• It is fwrther ordered, That all other portions of said original order be and remained unaffected by this order.2 • Snld paragraph required respondents, their representatives, etc., to- " Cease and desist from carrying on the business of selling fiour In commerce among the several Statea ot the United States under a trade name or any other name which Includes the words • milling company • or words of like Import, and trour making rep. resentatlons through advertisements, circulars, correspondence stationery, or In any manner whatsoever, designed to promote or otherwise atrect Interstate commerce, that they or either of them is 11. manutacturer of fiour, or that the fiour sold by them or either ot them comes direct from manufacturer to purchaser, unless and until respondents, or the Individual respondent using such words or making such representations, actually owns and operates or directly and absolutely controls a. factory or mill wherein Is made by grinding or crushing the wheat berry any and all flour sold or otrered tor sale by them or either ot them onder such title or naure, or by or through any such representations."

• The second and remaining paragraph ot the order oonstltoted the usual compUance provision calling tor such a. report w!tbln 60 days. CHEROKEE MILLS, ETC, 59 58 Memorandum MEMORANDUM:

Similar modifying orders were issued as of the same date in the other cases of the Royal Milling group as follows: D. V. Johnson, doing business under the name of TENNESSEE GRAIN Co. and TENNESSEE MILLING Co. Docket 1598. (See 15 F.T. c. 48.) NASHVILLE Roller MILLS ET AL. Docket 1599. (See 15 F.T.C. 49.) SNELL MILLING Co. ET AL. Docket 1600. (See 15 F.T.C. 51.) J. A. 'VELLs ET AL., doing business as State Milling Co. and Myracle Milling Co., and individually. Docket 1602. (See 15 F.T.C. 55.) E. C. FAIRCLOTH, SR., ET AL., doing business as Cherokee Mills and individually. Docket 1604. (See 15 F.T.C. 57.) Syllabus 18F.T.C.