National Paper Trade Association of the United States, Inc.

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

In the Marrer or NATIONAL PAPER TRADE ASSOCIATION OF THE UNITED STATES, INC., ET AL.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6592. Complaint, Oct. 5, 1948—Decision, Dec. 27, 1957 Order dismissing complaint as to certain respondents, in conformity with the decree of the Court of Appeals for the Second Circuit of January 9, 1957, 240 F. 2d 341, which set aside insofar as it related to those respondents, the Commission’s cease and desist order of September 24, 1954, 51 F.T.C. 307, prohibiting concerted price fixing for fine aud wrapping paper. Before Mr. Everett F. Haycraft, hearing examiner. Mr. Earl W. Kintner, Mr. Floyd O. Collins and Mr. Peter J, Dias for the Commission.

Barshay & Frankel, of New York City, for Shuttleworth Wollny Co., Inc. and Fred Free, Jr.

Wechsler & Solodar, of New York City, for Imperial Bag & Paper Co., Inc. and Liberty Bag & Paper Co.

Javits, Levitan & Held, of New York City, for Robins Paper Co. of Baltimore City.

SUPPLEMENTAL ORDER DISMISSING THE COMPLAINT AS TO CERTAIN RESPONDENTS AND STRIKING THEIR NAMES FROM THE ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the amended complaint of the Commission, answers of certain respondents, substitute answers of other respondents, testimony relating to certain respondents and documentary evidence and stipulations relating to other respondents, in support of and in opposition to the allegations of the aforesaid complaint, taken before a hearing examiner of the Commission theretofore duly designated by it; and the hearing examiner having thereafter filed his recommended decision in which he concluded that all of the respondents, with the exception of respondents Robert Engel and Graham Paper Co. had violated section 5 of the Federal Trade Commission Act as alleged; and the matter having thereafter come on to be heard by the Commission on the complaint, as amended, the answers, substitute answers, evidence, stipulations, recommenced decision of the hearing examiner NATIONAL PAPER TRADE ASSN. OF THE U.S. INC., ET AL. S811 810 Order and the exceptions thereto, briefs in support of and in opposition to said complaint, and ora] argument of counsel; and, The Commission having duly considered the matter, and being fully advised in the premises, made its findings as to the facts, and, on the 24th day of September 1954, issued its order in which it dismissed the complaint as to respondents Graham Paper Co., Pittsburgh Paper Association, Robert Engel, Morris Paper Co., Anderson Paper & Twine Co., Clarence E. Dobson, and as to all of the respondents named in the complaint only by reference to the list of members of the respondent trade associations attached as exhibits to the complaint and who were not specifically named as respondents in the complaint or in the first paragraph of the order to cease and desist, and, ordered all other respondents to cease and desist from the acts and practices which the Commission had found to be unlawful; and, Respondents Metropolitan Bag & Paper Distributors Association, Inc., A. E. MacAdam & Co., Inc., John H. Free, Inc., Shuttleworth Wollny Co., Inc., S. Posner Sons, Inc., Yorkville Paper Co., Inc. and Fred Free, Jr. having filed in the United States Court of Appeals for the Second Circuit their joint petition for the review of and to set aside the aforesaid order to cease and desist insofar as it related to them; and, Respondents Harlem Paper Products Corp., Imperial Bag & Paper Co., Inc., Daniel W. Margolin, doing business as Liberty Bag & Paper Co., and David Kasson, having filed in the United States Court of Appeals for the Second Circuit their joint petition for the review of and to set aside the aforesaid order to cease and desist. insofar as it related to them; and, Respondent Robins Paper Co. of Baltimore City (named in the complaint as Robins Paper Co., Inc.), having filed in the United States Court of Appeals for the Fourth Circuit its petition for the review of and to set aside the aforesaid order to cease and desist insofar as it related to it; and that circuit, acting upon a motion filed by the Commission, having removed and transferred the said petition for review, together with all pleadings and other papers pertaining thereto to the U.S. Court of Appeals for the Second Circuit, which had acquired exclusive jurisdiction of the subject matter; and, The U.S. Court of Appeals for the Second Circuit having heard these several and separate petitions for review on briefs and oral argument and having thereafter, on the 9th day of January 1957, handed down its decision setting aside the aforesaid order to cease and desist as it related to petitioners Shuttleworth Wollny Co., Inc., Imperial Bag & Paper Co., Inc., Daniel W. Margolin, doing business 528577—60——_53 Order 54 F.T.C.

as Liberty Bag & Paper Co., Robins Paper Co. of Baltimore City (named in the complaint as Robins Paper Co., Inc.) and Fred Free Jr., and affirming said order to cease and desist as to the remaining petitioners, and, on the 19th day of March 1957, entered its final decree setting aside the aforesaid order to cease and desist as it related to the aforesaid petitioners and dismissing the said petitions for review filed, as aforesaid, by Metropolitan Bag & Paper Distributors Association, Inc., A. E. MacAdam & Co., Inc., John H. Free, Inc., S. Posner Sons, Inc., Yorkville Paper Co., Inc., Harlem Paper Products Corp. and David Kasson, and affirming and enforcing said order to cease and desist as to these said petitioners; and, Respondents Metropolitan Bag & Paper Distributors Association, Inc., Yorkville Paper Co., Inc., A. E. MacAdam & Co., Inc., John H. Free, Inc. and 8. Posner Sons, Inc., having thereafter, on the 18th day of June 1957, and respondents Harlem Paper Products Corp. and David Kasson, having thereafter on the 17th day of June 1957, filed in the Supreme Court of the United States their respective petitions for a writ of certiorari to the U.S. Court of Appeals for the Second Circuit, to review the aforesaid decree of that. court affirming the said order to cease and desist. issued against them by the Commission as aforesaid; and The Supreme Court. of the United States having, on the 14th day of October 1957, denied the aforesaid petitions for writ. of certiorari ; and, The Commission being of the opinion that. its said order to cease and desist, issued as aforesaid, should be brought into conformity with that portion of the said decree of the U.S. Court of Appeals for the Second Circuit in which the court set aside the aforesaid order to cease and desist. insofar as it related to Shuttleworth Wollny Co., Inc., Imperial Bag & Paper Co., Inc., Daniel W. Margolin, doing business as Liberty Bag & Paper Co., Robins Paper Co. of Baltimore City (named in the complaint as Robins Paper Co., Inc.) and Fred Free, Jr.

Now, therefore, it is ordered, That the complaint be, and it hereby is, dismissed as to respondents Shuttleworth Wollny Co., Inc., Imperial Bag & Paper Co., Inc., Daniel W. Margolin, doing business as Liberty Bag & Paper Co., Robins Paper Co. of Baltimore City (named in the complaint as Robins Paper Co., Inc.) and Fred Free, Jr.; and NATIONAL PAPER TRADE ASSN. OF THE U.S. INC., ET AL. 818 810 Order Lt ts further ordered, That the names of respondents Shuttleworth Wollny Co., Inc., Imperial Bag & Paper Co., Inc., Daniel W. Margolin, doing business as Liberty Bag & Paper Co., Robins Paper Co. of Baltimore City (named in the complaint as Robins Paper Co., Inc.} and Fred Free, Jr. be, and they hereby are, stricken from the aforesaid order to cease and desist issued on the 24th day of September 1954, as aforesaid.

Decision: 54 I-T.C.