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FEDERAL
VOLUME 18

O y v f jE D

NUMBER 216

Washington, Wednesday, November 4, 1953

TITLE 16 COMMERCIAL
PRACTICES
Chapter I Federal Trade Commission Docket 6104

P art 3 D igest of C ease O rders
and
D esist
FLORIDA PLANTERS, INC.

Subpart Discriminating in price un der section 2, Clayton Act, as amendedr Payment or acceptance o f commission, brokerage or other compensation under 2 c : 3.800 Buyers agents; 3.820
Direct buyers. In connection with the sale of potatoes, or any other vegetables, in interstate commerce: 1 M a k i n g payments to brokers on purchases for their own accounts in amounts which are the same as the amounts of bro kerage fees paid to brokers effecting sales, as agents, to other purchasers, or in any other amounts which are also paid as brokerage, whether such payments are made upon being billed therefor or other wise; 2 selling to any purchaser at prices which are lower than the prices at which sales are made to other purchasers in amounts which are the same or sub stantially the same as the amounts of brokerage fees paid to brokers effecting sales, as agents, to such other purchasers or in any other amounts which also are in lieu of brokerages whether such lower prices are charged by invoicing at a lower price or by permitting the purchaser to make a deduction from the regular invoice price in remitting payment or by any other device; and 3 paying or granting anything of value as a commission, brokerage or other compensation or allowance or discount in lieu thereof to the other parties to such transactions, or to their agents, representatives or other intermediaries therein who in fact act for or in behalf, or are subject to the direct or indirect control, of such other parties; prohibited.
Sec. 6 , 38 Stat. 722; 15 U. S. C. 46. Interpret or apply sec. 2, 38 Stat. 730, as amended, 15
. S. C. 13
Cease and desist order, Florida Planters, Inc., Hastings, Fla., Docket 6104, October 6 , 1953

This proceeding was heard by James A. Purcell, hearing examiner, upon the complaint of the Commission and re
spondents answer, in which it admitted all of the material allegations of facts set forth in said complaint and elected not to contest the same.
Thereafter, the proceeding regularly came on fo r final consideration by said examiner, theretofore duly designated by the Commission, upon said complaint and admission answer thereto, proposed findings and conclusions not having been submitted by counsel, and oral argument not having been requested, and said ex aminer, having duly considered the rec ord in the matter, made his initial deci sion comprising certain findings as to the facts,1 conclusions drawn therefrom,1
and order to cease and desist.
Thereafter, following the Commissions review of said initial decision, the matter was disposed o f by Decision of the Commission and Order to Pile Report of Compliance , dated October 6, 1953, as follows:
This matter coming on to be heard by the Commission upon its review of the hearing examiners initial decision here in; and The Commission having duly consid ered the entire record and being of the opinion that said initial decision is ade quate and appropriate to dispose of the proceeding:
I t is ordered, That the attached initial decision of the hearing examiner1 shall on the 6th day of October, 1953, become the decision of the Commission.
I t is further ordered, That the re spondent, Florida Planters, Inc., shall, within sixty 60 days after service upon it of this order, file with the Commission a report in writing setting forth in de tail the manner and form in which it has complied with the order to cease and desist.
The order to cease and desist in said initial decision, thus made the decision of the Commission is as follows:
I t is ordered, That the respondent, Florida Planters, Inc., a corporation, and its officers, directors, agents or em ployees, directly or through any cor porate or other device, in connection with the sale of potatoes, or any other vege1 Filed as part of the original document.
Continued on
p. 6955

CONTENTS
Agriculture Department
Page
Notices:
Disaster assistance; delineation and certification o f counties contained in drought area:
Arkansas____________________
Kentucky_________
Missouri_____________________
North Carolina______________
Tennessee___________________
Virginia_____________________

6972
6972
6972
6972
6973
6973

Business and Defense Services Administration Rules and regulations:
Scarce materials, designation o f; revocation______ ________

6966

Civil Aeronautics Administra tion See Civil Aeronautics Board.
Rules and regulations:
Standard instrument approach procedures; alterations 2
documents______________ 6958,6962

Civil Aeronautics Board Rules and regulations:
Special civil air regulation;
delegation of authority to Administrator to permit air carriers under contract to the Military Services to deviate from the civil air regulations-

6957

Commerce Department See Business and Defense Services Administration; Civil Aeronau tics Administration.

Defense Mobilization Office See Defense Rental Areas Division.
Notices:
Deletion from list of companies accepting request to partic ipate in certain activities:
Gaychrome Co.; Ordnance Corps Integration Commit tee on Burster Casings----Highway Storage & W are house Co., Inc.; Defense Warehousemens Assn, of Philadelphia______________Rules and regulations:
Administrative proceedings un der T itle IV of the Defense Production Act of 1950, as amended_______ _____________
6953

6980

6980

6966