California Rice Industry

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IN THE MATTER OF CALIFORNIA RICE INDUSTRY ET AL.

MODIFIED CEASE AND DESIST ORDER Docket 3090. Order, Mar. 28, 1940 Modified order, pursuant to provisions of section 5 ( i) of Federal Trade Commission Act, In proceeding in question, in which original order Issued on 1\larch 26, 1938 1 and in which Circuit Court of Appeals for Ninth Circuit on March 17, Hl39, iu California Rice Industry v. Federal Trade Commission, 102 F. (2d) 716, 28 F. T. C. 1912, rendered its opinion and issued its decree modifying said order of Commission in certain particulars and affirming same in other particulars- R<'quiring respondent, California Rice Industry, and other respondents as in said order below set forth, their successors, officers, etc., in connection with offer for sale, sale, and distribution of rice and rice products in commerce us defined in section 4 of the Federal Trade Commission Act, to cease and desist from doing and performing by agreement, combination or conspiracy between and among any two or more of them or with others the (1) fixing and maintaining uniform prices; or the (2) compiling, publishing and distributing any joint or uniform list or compilation of prices; or the (3) adopting any joint or uniform price list or other device which fixes prices; or the ( 4) discussing, through the medium of meetings of the California Rice Industry or its Marketing and Crop Boards, or in any similar manner, uniform prices, terms, discounts, agreements upon prices, by resolution or otherwise, or the employing any similar device which fixes or tends to fix prices, or which is designed to equalize or make uniform the selling prices, terms, discounts, or policies of respondent millers. l\foDIFIED ORDER TO CEASE AND DESIST This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on March 26, 1938 the Commission made its findings as to the facts herein and concluded therefrom that respondents had violated the provisions of section 5 of the Federal Trade Commission Act and issued and subsequently served its order to cease and desist; and it further appearing that on l\farch 17, 1939, the United States Circuit Court of Appeals for the Ninth Circuit rendered its opinion and issued its decree modifying the aforesaid order of the Commission in certain particulars and affirming said order in other particulars; Now, therefore, Pursuant to the provisions of subsection (i) of section 5 of the Federal Trade Commission Act, the Commission issues this its modified order to cease and desist in conformity with the said decree:

1 26 F. T. C. 968.

Order 30F. T.C.

It is ordered, That the respondents, California Rice Industry; Harry 1\:1. Creech, George ,V, Brewer, Florence 1\:1. Douglas, J. S. Ritterband, W. T. Welisch, I. Yamakawa, 0. F. Zebal, R. A. Renaud, Hugh Baber, Leon Brink, N. F. Dougherty, Ernest Grell, Lewis Manor, and A. E. Scarlett; Charles S. Morse, Allen A. Morse, Nelson B. Morse, Clarence G. Morse, and Gertrude Morse, trading as Capital Rice Mills; Ellen S. Grosjean and Eileen Callaghan, trading as C. E. Grosjean Rice Milling Co.; William Crawford, trading as ·woodland Rice Milling Co.; Growers Rice Milling Co., Pacific Trading Co., Inc., Phillips Milling Co., Rice Growers Association of California, and Rosenberg Brothers & Co., their successors, officers, agents, and employees, do forthwith cease and desist, in connection with the offering for sale, sale, and distribution of rice and rice products in commerce as defined in section 4 of the Federal Trade Commission Act, from doing and performing by agreement, combination or conspiracy between or among any two or more of said respondents, or with others, ihe following acts and things: 1. Fixing and maintaining uniform prices.

2. Compiling, publishing, and distributing any joint or uniform list or compilation of prices.

3. Adopting any joint or uniform price list or other device which fixes prices. · 4. Discussing through the medium of meetings of the California Rice Industry or its Marketing and Crop Boards, or in any similar manner, uniform prices, terms, discounts, agreements upon prices, by resolution or otherwise, or employing any similar device which fixes or tends to fix prices, or which is designed to equalize or make uniform the selling prices, terms, discounts or policies of respondent millers.

It is further orde"red, That the respondents shall, within 30 days after the service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.

THE l\HYIErX CO. EITC. 833 Syllabus