Elliot Knitwear, Inc
56 F.T.C. 1650 · Docket 6687 · Decided · Set aside or reopened
Cite this decision
Elliot Knitwear, Inc, 56 F.T.C. 1650 (1959). Consumer Law Library, https://consumerlawlibrary.org/decisions/v056-0366s9
Decision id v056-0366s9
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ELLIOT KNITWEAR, INC., ET AL.
Docket 6687. Order, Nov. 6, 1959 Order reopening proceeding—following remand by Court of Appeals for the Second Circuit for additional evidence in support of finding of deceptive labeling of “Cashmora”’ sweaters and on choice of remedy. Counsel in support of the complaint, by motion filed on October 20, 1959, having requested that this proceeding be remanded to the hearing examiner for the reception of additional evidence; and It appearing that the United States Court of Appeals for the Second Circuit, on June 11, 1950, entered its decree in the case of Eliot Knitwear, Inc.. a corporation, et al. Petitioners v. Federal Trade Commission, Respondent, Docket No. 25289, setting aside the Commission’s order to cease and desist. issued on April 25, 1958, and remanding the case to the Commission for further proceedings not inconsistent with the opinion of the Court rendered on May 6, 1959; and It further appearing from the Court’s opinion that the reason for such action was that. the record as presently constituted does not contain substantial evidence in support of the Commission’s finding that the label appended to sweaters sold by the respondents is deceptive; and The Court having indicated that the record may be supplemented by the introduction of additional evidence bearing on the aforesaid question, as well as on the choice of remedy to be applied in the event deceptiveness of the label is established:
It is ordered, That this proceeding be, and it hereby is, reopened.
It is further ordered, That the matter be, and it hereby is, re- 1 Order to cease and desist reported in 54 F.T.C. 1398.
INTERLOCUTORY ORDERS, ETC. 1651
manded to the hearing examiner for the receipt of such additional relevant, material and reliable evidence as may be offered on the two questions above-mentioned.
It is further ordered, That after the receipt of such additional evidence the hearing examiner shall forthwith make and file, in accordance with the provisions of §3.21 of the Commission’s Rules of Practice, a new initial decision based on the record as then constituted.