Grand Caillou Packing Company, Inc.

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

IN THE :VIATTER OF GRA D CAILLOU PACKING CO:VIPANY , INC., ET AL. TRADI0:G AS THE PEELERS COMPA::Y MODIFIED ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7887. Complaint, McqJ 960- Decision, Mar. , 1967 , inOrder modifying an earlier onler dated June 4 , 1964 , 65 F. C. 799 compliance with a decision of the Court of Appeals, Fifth Circuit, dated Sept. 13 , 1966, S6G F. 2d 117 , in connection with the sale and lease of patentcd shrimp-processing machinery, by omitting the prohibition of sales to domestic shrimp proeessoJ's on the same terms afforded foreign processors, and afTinning the prohibition against discriminatory rental terms to domestic processol's.

:VIODIFIED ORDER TO CEASE A0:D DESIST Respondents having filed in the Lnited States Court of Appeals for the Fifth Circuit a petition to review and set aside the order to cease and desist issued herein on June 4 , 1964 (65 F. 799J; and the court on September 13 , 1966 (8 S. & D. 343J, having , 1966, having entered rendered its decision and on December 15 its final decree affrming and enforcing paragraph one (I) of said order to cease and desist but setting aside paragraph two (2) ; and the time allowed for filing a petition for certiorari having expired and no such petition having been filed; Syllabus 71 F.T .

NoVJ therefore, it is hereby ordered That the aforesaid order to cease and desist be, and it hereby is, modified in accordance with the said final decree of the court of appeals to read as follows: It is ordered That the respondents, Emile M. Lapeyre, Fernand S. Lapeyre, James M. Lapeyre, Felix H. Lapeyre, and Emile 1\1. Lapeyre, Jr., individually, as copartners trading and doing business as The Peelers Company, and as representatives of alj of the partners in The Peelers Company, and their agents, representatives, and employees, directly or indirectly, through any existing or succeeding corporation, partnership, sale proprietorship, or other device, in connection with the distribution in commerce, as commerce" is defined in the Federal Trade Commission Act, of any shrimp peeling, cleaning and separating machinery or improvements thereto now or hereafter controlled by respondents do forthwith cease and desist from:

Discriminating between lessees of such machinery by charging higher rental or use rates to any lessee than are charged to any other lessee.

For the purposes of this proceeding, lease or rental terms which result in any lessee paying a higher rate than the rate charged any other lessee for use of respondents' machines for the same period of time or tl rough the same number of mechanical revolutions or operations shall be deemed discriminatory.

It is further ordered That re,pondents shall, within sixty (60) days after service upon them of this order, fie with the Commission a report, in writing, setting forth in detail the manner and form in which they have complif;d with the order to cease and desist contained herein