John Bene & Sons, Inc. v. Federal Trade Commission

(after stating the facts as above). Under the Curtis Publishing Co. Case, 260 U. S. 568, 43 Sup. Ct. 210, 67 L. Ed. 408, we “must inquire whether the Commission’s findings of fact are supported by evidence,” and this inquiry includes an ascertainment of what kind of evidence, or evidence so called, the fact-findings rest ujpon. If by evidence is meant testimonial matter legally competent, relevant, pertinent, and material, this record contains very little ,of that kind.

It was plainly desirable, as Bene manufactured hydrogen peroxide, to compare Daxol with the other preparation, and on this…