Leo Lichtenstein

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

In roe Martrer or LEO LICHTENSTEIN ET AL. TRADING AS HARLICH MANUFACTURING COMPANY AND LOOMIS MANUFAC- TURING COMPANY Moprrrep Czasr and Desist ORDER Docket 4879. Modified order, Jan. 16, 1958 Modified order eliminating the words “or may be used” from the Commission’s original order, issued on June 380, 1950, 46 F. T. C. 984, in accordance with the decision and decree of the Court of Appeals, Ninth Circuit, February 5, 1952, in Leo Lichtenstein et al. v. Federal Trade Commission, 194 F. (2d) 607 ; and in other respects affirming the Commission’s order— Requiring respondents to cease and desist from selling or distributing in commerce, punchboards, etc., and in connection with the offer, ete., of cigarette chests or other articles of merchandise; and to cease and desist from supplying to others, punchboards, etc., for use in the sale, etc., of merchandise to the public, as in said order in detail below set out. Before Mr. John W. Addison and Mr. James A. Purcell, hearing examiners.

Mr. J. W. Brookfield, Jr. for the Commission. Mr. George M. Glassgold and Mr. James A. Murray, Jr., of Washington, D. C., for respondents.

MODIFIED ORDER TO CEASE AND DESIST This proceding having been heard by the Federal Trade Commission upon the amended complaint of the Commission, the respondents’ answer thereto, testimony and other evidence in support of and in opposition to the allegations of the amended complaint introduced before a hearing examiner of the Commission theretofore duly designated by it, the hearing examiner’s recommended decision, and briefs and oral argument of counsel, and the Commission having made its findings as to the facts and its conclusion that the respondents have violated the provisions of the Federal Trade Commission Act and having issued its order to cease and desist on June 80, 1950; and Respondents having filed in the United States Court of Appeals for the Ninth Circuit their 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 and fully considered the matter, and having, thereafter, on February 5, 1952, entered its final decree modifying and affirming, as modified, the aforesaid order to cease and desist pursuant to its opinion announced on that same date; and Order 49 F.T.C.

Respondents’ petition to the Supreme Court of the United States for writ of certiorari to the United States Court of Appeals for the Ninth Circuit being denied on October 18, 1952, and their petition for rehearing also being denied by said Court; and Thereafter, the Commission having reconsidered the matter, and being of the opinion that its order to cease and desist herein should be modified to conform with the decree of said Court of Appeals: It is ordered, That the respondents, Leo Lichtenstein, Libbie Lichtenstein, and Byron J. Lichtenstein, individually and trading as Harlich Manufacturing Company and as Loomis Manufacturing Company, or trading under any other name or trade designation, and said respondents’ 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, punch boards, push cards, or other lottery devices, which are to be used in the sale or distribution of merchandise to the public by means of a game of chance, gift enterprise, or lottery scheme.

It is further ordered, That said respondents and their agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution in commerce, as “commerce” is defined in the Federal Trade Commission Act, of cigarette chests or boxes, or other articles of merchandise, do forthwith cease and desist from:

1. Supplying to or placing in the hands of others punch boards, push cards, or other lottery devices, either with assortments of cigarette chests or boxes or other merchandise, or separately, which said punch boards, push cards, or other lottery devices, are to be used, or may be used, in selling or distributing such cigarette chests or boxes or other merchandise to the public.

2. Selling or distributing cigarette chests or boxes, or other articles of merchandise, so packed or assembled that sales thereof to the public are. to be made or, due to the manner in which such merchandise is packed or assembled at the time it is sold by the respondents, may be made by means of a game of chance, gift enterprise, or lottery scheme. 8. Selling or otherwise disposing of any merchandise by means of a game of chance, gift enterprise, or lottery scheme. It is further ordered, That the respondents shall, within sixty (60) days after service upon them of this 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.

WESTERN GRAIN CO. _ 983 Complaint