Brown & Williamson Tobacco Corp. v. Engman

OAKES, Circuit Judge:

This appeal is from the denial of appellants’ motion for a stay of penalties under Section 5(7) of the Federal Trade Commission Act, 15 U.S.C. § 45(7) (1975 Supp.). The motion for a stay was sought by the six appellants who collectively produce about 99 per cent of the cigarettes manufactured in the United States. They have instituted declaratory judgment actions to obtain review of the Federal Trade Commission’s interpretation of six cease and desist consent orders previously entered against them. Appellants have sought review prior to any enforcement proceedings brought…