State Paint Manufacturing Company

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

In THE Marrter OF STATE PAINT MANUFACTURING COMPANY ET AL.

Docket 8367. Order, July 31, 1964 Order denying petition to reopen, without prejudice to respondents’ right to renew same if and when the decision of the Court of Appeals in Docket No. 8290 is affirmed by the Supreme Court.

Orprer Denyine RESPONDENTS’ PETITION TO REOPEN This matter having come before the Commission upon respondents petition filed July 15, 1964, requesting that this proceeding, Docket No. §367, be reopened and the order to cease and desist entered February 7, 1964 [64 F.T.C. 660], be vacated; and The respondents having alleged in support of their petition that the Commission’s decision herein, including its order to cease and desist, was based on its decision and order in Afary Carter Paint Co. et al., Docket No. 8290, entered June 28, 1962 [60 F.T.C. 1827]; that on June 19, 1964, the United States Court of Appeals for the Fifth Circuit rendered its decision in M/ary Carter Paint Co, et al. v. Federal Trade Commission. Case No. 19982, in which the court directed the Commission to enter an order dismissing the complaint in said Docket No. 8290; and that as a result of this ruling by the Court of Appeals conditions of law have so changed since issuance of the order in Docket No. 8367 as to require the relief requested; and It appearing that the aforesaid decision of the Court of Appeals is subject to review by the Supreme Court of the United States by writ of certiorari if granted upon petition therefor filed within ninety (90) days after entry of judgment by the Court of Appeals implementing its decision, or within such further period of time, not exceeding sixty (60) days, as may be allowed by a justice of the Supreme Court: and Tt further appearing that the time within which such petition may be filed in Docket No. 8290 has not yet expired and, thus, that respondents’ request in Docket No. 8867 is premature: It is ordered, That respondents’ petition filed July 15, 1964, be, and it hereby is, denied, without prejudice, however, to respondents’ right to renew the same if and when the decision of the Court of Appeals in Docket No. 8290 is affirmed by the Supreme Court, or after expiration of the time within which a petition for a writ of certiorari may be filed in that case if no such petition is filed within such time. Commissioner Elman dissenting.