Lemuel Firth

Text (OCR of the scan at left; may contain errors)

In the MATTER OF LEMUEL FIRTH, ET AL.

MODIFIED CEASE AND DESIST ORDER Docket 5065. Order, October 22, 1945 Modified order in proceeding in question in which original order issued on May 4, 1945, 40 F. T. C. 570, making the prohibitions of said original order (in connection with the offer, etc. of fish in commerce) against entering into, etc., any planned common aePeeee course of action, etc., to restrict the quantity of fish to be caught and sold to dealers; fixing the price at which fish are to be sold to dealers in any market; etc.; as in said order below set forth; subject to the provision that the order shall not be construed so as to impair any right of respondents to organize and act in the manner and to the extent provided for by the Act of Congress authorizing associations of producers of aquatic products, approved June 25, 1934 (48 Stat. 1213-1214; 15 U.S.C., Sec. 521-522).

Before Mr. John W. Norwood, trial examiner.

Mr. Everett F. Haycraft for the Commission.

Mr. William J. MacInnis, of Gloucester, Mass., for respondents. MODIFIED ORDER TO CEASE AND DESIST This proceeding having heretofore been heard by the Federal Trade Commission upon the complaint of the Commission, the answer of the respondents, testimony and other evidence introduced before a trial examiner of the Commission theretofore duly designated by it, report of the trial examiner upon the evidence and the exceptions to such report, and brief in support of the complaint (no brief having been filed on behalf of respondents and oral argument not having been requested), and the Commission having made its findings as to the tacts and its conclusion that the respondents have violated the provisions of the ederal Trade Commission Act, the Commission on May 4, 1945, issued and subsequently served upon the respondents its order requiring the respondents to cease and desist from the acts and practices therein set forth; And the respondents having on June 28, 1945, filed with the Commission a petition tor the modification of said order to cease and desist in certain respects, and the Commission having duly considered said petition and the record herein and being now fully advised in the premises: Jiis ordered, That said order to cease and desist be. and it hereby is, modified to read as follows:

It ts ordered, That the respondents, Lemuel Firth, Cyril Dyett, Jack Barrett, krank Foote, Cy Tysfer, Benedetto Randazza, Phillip Curcuru, Thomas Scola, Joseph Sinagra, Peter Scola, Joseph Parisi, Frank Mineo, Isadoro Tarantino, Peter Mercurio, Paul Scola, Gerome Frontiero, Philip Nicastro, Leo Favaloro, and Alphonse Mineo, and their agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, and distribution of fish in commerce, as “‘commerce”’ is defined in the Federal Trade Commission Act, do forthwith cease and desist from entering into, continuing, cooperating in, or carrying out any planned common course of action, agreement, LEMUEL FIRTH, ET AL. 293 292° Order understanding, combination, or conspiracy between or among any two or ‘more of said respondents, or between any one or more of said respondents and others not parties to this proceeding, to do or perform any of the following acts or things:

1. Restricting the quantity of fish to be caught and sold to dealers. 2. Fixing the price at which fish are to be sold to dealers in any market, or establishing or maintaining any price differential between or among different markets. ' 3. Prescribing the length of time a boat carrying fish to market shall remain in port.

4. Prohibiting the use of the radio phone in carrying on negotiations for the sale of fish.

5. Holding meetings for the purpose of reaching agreements governing the quantity of fish to be caught or the price at which fish are to be sold. 6. Engaging in any act or practice substantially similar to those set out in this order with the purpose or effect of establishing or maintaining uniform prices for fish.

Provided, however, That this order shall not be construed so as to impair any right of respondents to organize and act in the manner and to the ex- | tent provided for by the Act of Congress authorizing associations of producers of aquatic products approved June 25, 1934 (48 Stat. 1213-1214; 15 US.C., Sec. 521-522).

It is further ordered, That the respondents shall, within 60 days after service upon them of this modified order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.

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