In Re Whitney & Company, a Corporation

Statement of Proceedings

This is a criminal contempt proceeding instituted by this court pursuant to 18 U.S.C.A. § 401 (3). The respondent is Whitney & Company, a Washington corporation. This company engages in the business of packing, selling, and distributing canned salmon and other seafood products.

On March 25, 1946, in proceedings before the Federal Trade Commission, an order was entered requiring Whitney to forthwith cease and desist from:

The cease and desist order was affirmed by this court. Federal Trade Commission v. Whitney & Company, 9 Cir., 192 F.2d 746 . Thereafter, and on April 1, 1955, this court entered a decree commanding Whitney to comply with and obey the above-quoted Commission order.

On May 22, 1959, the Federal Trade Commission filed a memorandum placing certain facts before this court concerning Whitney’s asserted disobedience of the decree of April 1, 1955. On the same day we issued an order requiring the company to show cause why it should not be found guilty of criminal contempt and be punished therefor.

Certified copies of the show cause order and of the memorandum of the Federal Trade Commission were served upon the company by the United States…