Mohr v. Federal Trade Commission

272 F.2d 401 Mitchell S. MOHR, an individual trading and doing business as National Research Company, and Sydney Floersheim, an individual trading and doing business as S. Floersheim Sales Company, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent. No. 16328. United States Court of Appeals Ninth Circuit. November 16, 1959. Rehearing Denied December 29, 1959. Murray M. Chotiner, Beverly Hills, Cal., for petitioner. Daniel J. McCauley, Jr., Gen. Counsel, Alan B. Hobbes, Asst. Gen. Counsel, Miles J. Brown, John W. Carter, Jr., Attys., Federal Trade Commission, Washington, D. C., for respondent. Before ORR, BARNES, and HAMLEY, Circuit Judges. HAMLEY, Circuit Judge. 1 This matter is before us on the petition of Mitchell S. Mohr and Sydney Floersheim to review and set aside an order of the Federal Trade Commission. In this order the Commission reopened a proceeding involving petitioners, and modified a cease and desist order which had been entered therein. 2 Petitioners argue here that on the showing made the Commission was without jurisdiction or authority to reopen the proceedings. They also contend that the Commission was estopped to modify the original order; that the modified…