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, xO N A L 4
UTTERA
SCRIPTA !
MANET

VOLUME 20

S

1934 U f i A flT E D

NUMBER 4

Washington, Thursday, January 6, 1955

TITLE 16 COMMERCIAL
PRACTICES
Chapter I Federal Trade Commission D o c k e t 6224

P art 3D igest op C ease O rders
and
D esist
BROOKLYN PAINT & WALLPAPER DEALERS
ASSN., INC., ET AL.

SubpartCoercing and intimidating:
3.370 Suppliers and sellers: To adopt desired marketing practice. Subpart Combining or conspiring: 3.450 To limit distribution or dealing to regular, estab lished or acceptable channels or classes.
SubpartCutting off Competitors? or others supplies or service: 3.655
Threatening discipilinary action or otherwise. In connection with the pur chase or sale or with or in connection with the offer to purchase or sell or dis tribute paint, wallpaper, and kindred merchandise in commerce, and on the part of respondent association, its of ficers, Board of Governors, and members, entering into, cooperating in, carrying out or continuing in a planned common course of action, understanding, agree ment, or conspiracy between any one or more of said respondents and others not parties, to 1 act to classify any par ticular purchaser or group of purchasers as legitimate paint and wallpaper dealers for the purpose or with the effect of classifying other purchasers as illegiti mate paint and wallpaper dealers; 2
request a manufacturer, or other sup plier, to refrain from selling or offering to sell or making available, for purchase, to any purchaser, paint, wallpaper or kindred merchandise; 3 act in any manner or through any method or means to boycott any manufacturer or supplier of paint, wallpaper, or kindred merchandise; and 4 utilize the offices of any representative in any Association or any other agency to do or perform or to aid or abet in doing or perform ing anything prohibited by any provision of the order; prohibited. Cease and desist order, Brooklyn Paint &Wallpaper Dealers Association, Inc. Brooklyn,
N. Y. et al., Docket 6224, December 2, 1954.1
In the Matter of Brooklyn Paint & Wall paper Dealers Association, Inc., a Membership Corporation, Its Officers, Board of Governors, and Members This proceeding was heard by Prank Hier, hearing examiner, upon the com plaint of the Commission, which charged respondent with combining, conspiring, and agreeing to boycott manufacturers and other suppliers of paint, wallpaper, and kindred merchandise who sold to competitors of respondents and to use other means to restrict such sales to re spondents or to firms approved by them, in violation of section 5 of the Federal Trade Commission Act; and upon a stip ulation for consent order, following the filing of respondents answer to said com plaint, entered into by counsel for re spondents and counsel supporting the complaint.
Said stipulation provided th at re spondents admitted all the jurisdictional allegations set forth in the complaint;
stipulated that the record in the matter might be taken as if the Commission had made findings of jurisdictional facts in accordance with such allegations; pro vided that respondents withdraw their answer to the complaint; and expressly waived the filing of answer, a hearing before the hearing examiner, the making of findings of fact or conclusions of law by the hearing examiner or the Commis sion, the filing of exceptions and oral argument before the Commission and all further and other procedure before the hearing examiner and the Commission to which respondents might be entitled.
Respondents further agreed in said stipulation th at the order to be made should have the same force and effect as if made after full hearing, presentation of evidence, and findings and conclusions thereon, and that the complaint might be used in construing the terms of the order agreed upon; and respondents spe cifically waived any and all right, power, or privilege to challenge or contest the validity of the order entered in accord C o n tin u e d o n n e x t p a g e

CONTENTS
Agriculture Department
Notices:
Illinois; termination of desig nation of area for production emergency loans_______ ___

PaS

169

Civil Aeronautics Administra tion
Rules and regulations:
Minimum en route IFR alti tudes; miscellaneous amendments; correction_____ ____
Standard instrument approach procedure alterations____ .

162
156

Commerce Department
See Civil Aeronautics Adminis tration; Maritime Administra tion.
Federal Power Commission
Notices :
Hearings, etc.:
Huber, J. M., Corp. and Northern Natural Gas Co Otter Tail Power Co_______

170
169

Federal Trade Commission
Rules and regulations:
Brooklyn Paint & Wallpaper Dealers Association, Inc. et al.; cease and desist o rd er..

153

Foreign Claims Settlement Com mission
Rules and regulations:
Entitlement to award; reim bursement for sequestered . bank accounts; payment of claims________ __________

162

General Services Administration
Notices :
Secretary of Interior; delega tion of authority to dispxxse of certain property in Phila delphia, Pa_______________

171

Interior Department
See also Land Management Bu reau.
Notices:
Bureau of Indian Affairs; delegations of authority---------Reservation for Indians of Hydaburg, Alaska, invalidation of order designating--------
153

167
168