Legal Opinion · Dissent

Ruberoid Co. v. Federal Trade Commission

Court of Appeals for the Second Circuit

Decided August 14, 1951No. 149, Docket 21667Published

1DissentClark, Circuit Judge

I regret the modification now ordered in our previous opinion at the request, or afterthought, of the petitioner on rehearing; for it tends to fragmentize and confuse decision and postpone ultimate adjudication to the actual gain of no one. Delay in enforcement was a reason for, the reforms of the Federal Trade Commission Act of 1938, of which a chief one was direct and immediate effectiveness of orders where review was not sought and immediate enforcement, on affirmance, of orders brought before the court for review. 15 U.S.C.A. ,§ 45(c), (g), and (l). Through some mischance this was not…

2Cases cited23 opinions

  1. Federal Trade Commission v. Cement InstituteSupreme Court of the United States · 1948
  2. Federal Trade Commission v. A. E. Staley Manufacturing Co.Supreme Court of the United States · 1945
  3. Great Atlantic & Pacific Tea Co. v. Federal Trade CommissionCourt of Appeals for the Third Circuit · 1939
  4. Elizabeth Arden, Inc. v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1946
  5. Oliver Bros. v. Federal Trade CommissionCourt of Appeals for the Fourth Circuit · 1939

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