Crown Zellerbach Corp. v. Federal Trade Commission

Good Law
156 F.2d 927·1947 Trade Cas. (CCH) 57,487·1946 U.S. App. LEXIS 3808
United States Court of Appeals for the Ninth CircuitAugust 19, 1946No. 11371California719 words

Opinion

Lead Opinion

Mathews, J.

On February 13, 1946, respondent (the Federal Trade Commission) issued a complaint against petitioners (Crown Zellerbach Corporation, Zellerbach Paper Company and General Paper Company) under 15 U.S.C.A. §§ 13 and 21. The complaint charged, in substance and effect, that petitioners were engaged in commerce, as de *928 fined in 15 U.S.C.A. § 12 , and that, in the course of such commerce, they had violated and were violating 15 U.S.C.A. § 13 (f) by knowingly-inducing and receiving discriminations in price which were prohibited by 15 U.S.C.A. § 13 (a).

On April 8, 1946, petitioners filed with respondent a motion to dismiss the complaint and a motion for a more definite statement or a bill of particulars and a separate statement of claimed violations. The motion to dismiss was denied without prejudice. The other motion was granted to the extent of furnishing petitioners a bill of particulars setting forth one specific transaction which, respondent claimed, was typical of the discriminations charged in the complaint. In all other respects, this motion was denied.

On April 30, 1946, petitioners filed their answer to the complaint, reserving to themselves the right to continue to urge…

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