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FEDERAL
VOLUME 16

1934

ONm o
NUMBER 209

Washington, Friday, October 26, 1951

TITLE 16 COMMERCIAL
PRACTICES
Chapter I Federal Trade Commission Docket 6857
P ast
8 D ig e st
o p C ease O rders
and
D e s is t
MARLBORO TOBACCO BOARD OP TRADE ET AL.

Subpart Aiding, assisting and abet ting unfair or unlawful act or practice;
3.290 Aiding, assisting and abetting un fair or unlawful act or practice. Sub part Combining or conspiring: 3.430
To enhance, maintain or unify prices;
3.450 To liv it distribution or dealing to regular, established or acceptable chan nels or classes; 3.470 To restrain and monopolize trade. SubpartCutting off competitors or others access to custom ers or market: 3.560 Interfering gen erally with distributive outlets: 3.590
Threatening and boycotting competitors.
In, or in connection with, the offering for sale, sale, purchase and distribution of tobacco and tobacco products In com merce, and on the part of respondent Board of Trade, its officers, etc., its mem bers, or any group of said respondents, their agents, etc., and on the part of various respondent businesses, corporate and otherwise, and their officers, etc., entering into, continuing, cooperating in, or carrying out, or directing, instigating or cooperating in, any planned common course of action, agreement, under standing, combination or conspiracy be tween and among any two or more of said respondents or between any one or more of said respondents and others not parties hereto to 1 refuse membership in the Marlboro Board of Trade of the American Tobacco Growers Corporation, referred to in the complaint as the Waysons Corner Warehouse, or any other person, firm or corporation similarly situated; 2 establish, fix or maintain fees or adhere to any fees so established, fixed or maintained; or 3 employ or utilize the Marlboro Tobacco Board of Trade or any other medium or central agency as an instrumentality, aid, or vehicle in performing or doing any of the things prohibited by this order; pro hibited.
Sec. 6, 38 Stat. 722; 15 U. S. C. 46. Interprets or applies sec. 5, 38 Stat. 719, as amended; 15
U. S. C. 45
Cease and desist order, Marl boro Tobacco Board of Trade et al., Docket 5857, September 5, 1951

This proceeding was heard by Prank CONTENTS
Hier, trial examiner, upon the complaint of the Commission and respondents an Agriculture Department Pas swers and a stipulation which was en See Commodity Credit Corpora tered into and incorporated in the record
tion; Production and Marketing with the approval of the trial examiner, Administration.
theretofore duly designated by the Com Alien Property, Office of mission, on behalf of all respondents Notices:
named with the exception of respond Vesting orders, etc.:
ents Greenhow Maury, Jr., and R. J.
Buchl, Teresa________
10912
Reynolds Tobacco Company as to which Krippner, Elsie_______
10913
respondents the coiplaint was dis P. & M. Neumann K. G. et al 10913
missed, with counsel supporting the Zellmer, Edward______ ______10912
complaint.
Civil Aeronautics Board By the terms of said stipulation, it was Notices:
agreed that the attorneys supporting the Accident occurring near Red complaint had and could produce com wood City, Calif.; hearing___ 10907
petent witnesses who, if called, would testify that all the allegations of fact in Commerce Department the complaint were true and correct, that See Federal Maritime Boards: Na the record might be taken as if they had tional Shipping Authority, been so called and had so testified, that Commodity Credit Corporation the stipulation should be made a part Rules and regulations:
o f the record and might be taken as the Corn; 1951 crop loan and pur afits in the proceeding and in lieu of chase agreement program 10879
evidence in support of the charges stated Customs Bureau in the complaint, or in opposition there Notices:
to, that the Trial Examiner might Ring watchcases; prospective proceed thereupon to make his Initial classification_______________ 10907
Decision stating his findings as to the facts, including inferences which he Defense Mobilization, Office of might draw from said facts and his con Notices:
clusions based thereon and enter his Determination and certification order disposing of the proceeding with of a critical defense housing out the filing of proposed findings and area:
conclusions or the presentation of oral Barstow, Calif., area_________ 10908
argument.
Camp Stewart, Ga., area____ 10908
Said stipulation further provided that Finding and determination of the Federal Trade Commission might, if critical defense housing areas the proceeding came before it on appeal under Defense Housing and from the Initial Decision of the Trial Community Facilities Serv Examiner or by review upon the Commis ices Act of 1951_____________ 10908
sions own motion, set aside the stipula Economic Stabilization Agency tion and remand the case to the Trial See also Price Stabilization, Office Examiner for further proceeding under of ; Rent Stabilization, Office of.
the complaint.
Notices :
By said stipulation, each respondent Relaxation of credit controls in agreeing thereto waived any right to offer critical d e f e n s e housing or have received in evidence any testi areas; certain areas_________ 10907
mony, documents or other evidence in opposition to the allegations of the com Executive Office of the President plaint, waived any right to submit any See Defense Mobilization, Office of.
proposed findings, conclusions or reasons Federal Communications Comtherefor and all other intervening pro mission cedure, and waived any right to chal Notices:
lenge or contest any findings as to the Hearings, etc.:
facts in the proceeding based on the stip Desert Radio and Telecast ulation on the ground that such findings ing Co_____________________ 10909
might not have substantial supporting Minnesota Valley Broadcast Continued on p. 10877
ing Co. K T O E __________ 10908
10875