Hamilton Manufacturing Company

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IN THE l\IATTER OF HAMILTON l\IANUF ACTURING CO:MPANY MODIFIED CEASE AXD DESIS1' ORDER Docket 3944. Order, A.pru 9, 1952 Order modifying the words "which are to be used or may be used" in the Commission s order directed against the sale of lotter~' devices, on September 7, 1950, 47 F. T. C. 116 at 127, in accordance with the opinion of the Court of Appeals for the District of Columbia on January 24, 1952, in Hamilton Mail.1l!actllriug Com,pally VB. Federal 'lrrade Comnlission 194 F. (2d) 346, and the final decree of February 27, 1952, so as to read selling," etc., push cards, etc., "which are designed or intended to be used", as below set out. M'l'. J. W. Brookfield, J1' for the Commission. Guf;smer, Carrson ill Mac G'i' eg o-r of ~linneapolis, l\linn. , and Mr. J. Bond Srnith and Mi' . Joseph A. Padway, of 'Vashington, D. C.; for respondent.

Mr. Joseph A. Pad'Way and illi' . He1'belt B. Thatcher of "\Vashington, D. C., for ~finneapolis Printing Pressmen and Assistants Union No. 20; Bookbinders and Bindery 'Yomen, Twin City Local No. 12 I. B. of B. ; and Stenographers, Bookkeepers, Typists, and Assistants Union, :Minneapolis Local No. 17661; intervenors. ~rODIFIED ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the respondent's substitute answer thereto, in which answer said respondent admitted, with certain exceptions, all of the allegations of fact set forth in the complaint and briefs and oral argument of counsel, and the Commission having made its findings as to the facts and its conclusion that the respondent has violated the provisions of the Federal Trade Commission Act, on September 7 , H);"jO, issued its order to cease and desist; and Respondent Hamilton :Manufacturing Company, having filed in the United States Court of Appeals for the District of Columbia Circuit its petition to review and set aside the order to cease and desist issued herein, and that Court having heard the matter on briefs and oral argument, havillg fully considered the matter, and having, thereafter on February 27, 1952, entered its final decree modifying, and affirming and enforcing, as modified, the aforesaid order to cease and desist pursuant to its opinion announced on J an'tlary 24 , 1952: ; and Thereafter, the Commission having reconsidered the matter, and being of the opinion that its order should be modified so as to accord Order 48 F. T.

,with the aforesaid opinion and final decree of the United States Court of Appeals for the District of Columbia Circuit; It is hereby ordered That the respondent, Hamilton Manufacturing Company, and said respondent's officers, agents, representatives, and employees, directly or through any corporate or other device, do forthwith cease and desist from:

Selling or distributing in commerce, as "commerce" is defined in the Federal Trade Commission Act, push cards, punchboards or other lotterydevices which are designed or intended to be used in the sale or distribution or merchandise to the public by means or a game or chance, girt enterprise or lottery scheme.

It is Iw,th.er o'i'dered That within the. period of time allowed by the aforesaid final decree or the United States Court of Appeals for the District or Columbia Circuit, the respondent shall file with the Commission a report in 'writing setting forth in detail the manner and roi'm in which it has complied with this order. AMERICAN, TOBACCO CO. 1161 Order