J. C. Martin Corporation v. Federal Trade Commission

Third Circuit

J. C. Martin Corporation v. Federal Trade Commission

346 F.2d 147

CourtCourt of Appeals for the Third Circuit

DecidedJuly 15, 1965

Docket15068_1

StatusPublished

This text of 346 F.2d 147 (J. C. Martin Corporation v. Federal Trade Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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J. C. Martin Corporation v. Federal Trade Commission, 346 F.2d 147 (3d Cir. 1965).

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Opinion

PER CURIAM.

This is a petition to review and set aside an Order of the Federal Trade Commission at the close of an administrative proceeding upon a complaint charging petitioner with having engaged in unfair acts and practices in violation of Section 5 of the Federal Trade Commission Act, 66 Stat. 632 (1952), 15 U.S.C.A. § 45(a). The Order directed the petitioner and others to cease and desist from merchandising by means of a game of chance, gift enterprise or lottery scheme.

On review of the record we are of the opinion that it presents substantial, and competent evidence to support the Commission’s findings and Order. We are further of the opinion that the former proceeding of the Commission against the petitioner and others, J. C. Martin Corp. v. Federal Trade Commission, 242 F.2d 530 (7 Cir. 1957), did not bar its prosecution of the instant proceeding by reason of res adjudicata or collateral estoppel.

For the reasons stated the Order of the Commission will be affirmed and enforced.

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PER CURIAM.

This is a petition to review and set aside an Order of the Federal Trade Commission at the close of an administrative proceeding upon a complaint charging petitioner with having engaged in unfair acts and practices in violation of Section 5 of the Federal Trade Commission Act, 66 Stat. 632 (1952), 15 U.S.C.A. § 45(a). The Order directed the petitioner and others to cease and desist from merchandising by means of a game of chance, gift enterprise or lottery scheme.

On review of the record we are of the opinion that it presents substantial, and competent evidence to support the Commission’s findings and Order. We are further of the opinion that the former proceeding of the Commission against the petitioner and others, J. C. Martin Corp. v. Federal Trade Commission, 242 F.2d 530 (7 Cir. 1957), did not bar its prosecution of the instant proceeding by reason of res adjudicata or collateral estoppel.

For the reasons stated the Order of the Commission will be affirmed and enforced.

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346 F.2d 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-c-martin-corporation-v-federal-trade-commission-ca3-1965.

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