P. H. Hanes Knitting Company

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IN THE Matrer OF P. H. HANES KNITTING COMPANY MODIFIED CEASE AND DESIST ORDER Docket 1134. Order, Nov. 12, 1931 Order modifying Commission's previous modified order of April 7, 1926, in 10 F. T. C. 23, in view of provisions of so-called Miller-Tydings Act (Title VIII of an Act of Congress approved August 17, 1037, entitled "An Act to Provide additional revenue for the District of Columbia, and for other PUrposes"), so that said order, directing respondent to cease and desist from resale price maintenance practices as therein set forth, shall not, ~ffective as of August 17, 1937, "prohibit contracts or agreements prescribmg minimum prices for the resale of any commodity which bears, or the label or container of which bears, the trade mark, brand, or name of the respondent or other producer or distributeor thereof, and which is in free and open competition with commodities of the same general class produced by others than respondent, when the contract or agreement is lawful as applied to intrastate transactions in the State in which such resale is to be made, or into which the commodity is to be transported for resale, Under the laws or public policy of said State." Before Mr. John lV. AddirJon, trial examiner. Mr. Robt. N. McMillen for the Commission. lVMr. R. IJ. Shelton, of ·washington, D. C. and Manly, Ilendren & omble and Mr. T. 0. Moore, of ·winston Salem, N. C., for respondent.

1t10DIFIED ORDER TO CEASE AND DESIST ~n this day there is taken up the petition of the above respondent, ~nhtled "Petition and motion to vacate order to cease and desist," )ut praying that all orders to cease and desist entered against resp?ndent under the above docket number be either modified or set aside· and ' '. It appearing that ~n December 21, 1925, the Commission issued Its order that respondent cease and desist from certain business rn~thods and practices therein enumerated; and that on April 7, 1926, said. or?er was supe-rseded by a modified order to cease and desist, ~odlfymg said previous order to the extent and in the particulars ln said rnodified order set forth· and A It. also appearing to the Co~mission that said modified order of T_Prll 7, 1926, should be modified in the light of the provisions of f~~le VIII of the Act of Congress, approved August 17, 1937, en- ~otd "~n Act to provide additional revenue for the District of umbia, and for other purposes."

1396 FEDERAL TRADE COl\I:M:ISSION DECISIONS Order 25F.T.C.

It is ordered that the modified order to cease and desist issued in this matter on April 7, 1926, be and hereby is modified, as of the date of the approval of the above entitled Act of Congress, to wit, August 17, 1937, by the addition thereto of the following proviso: Provided, however, That effective August 17, 1937, this order shall not prohibit contracts or agreements prescribing minimum prices for the resale of any conunodity which bears, or the label or container of which bears, the trade mark, brand, or name of the respondent or other producer or distributor thereof, and which is in free and open competition with commodities of the same general class produced by others than respondent, when the contract or agreement is lawful as applied to intrastate transactions in the State in which such resale is to be made, or into which the commodity is to be transported for resale, under the laws or public policy of said State. AMERICAN CHARACTER DOLL CO., INC. 1397 Syllabus