Citations
- 267 F. Supp. 53
Full opinion text
MEMORANDUM DECISION ON MOTION FOR NEW TRIAL
WILLIAM P. GRAY, District Judge.
mi tt -a a a. a . i. , The United States Attorney, under ,. , ,, ... „ , direction of the Attorney General pur- ,,,, , . ,, _ , , m i suant to the request of the Federal Trade „ . . , , . . ,. . Commission, brought this action under 15 U.S.C. § 45(1) to recover civil penal- ... .1,^1,. . , ,. . ties from the defendants for violation of a cease and desist order issued by the Commission. The defendants denied that their acts constituted violations of the order; a trial was had, and this court found for the plaintiff on each count and imposed a civil penalty as provided by the statute. Pursuant to a request made by the Government at the conelusion of the trial, the court included in its judgment a provision enjoining the defendants from committing further violations of the Commission’s cease and desist order.
Upon motion for new trial, the defendants challenged virtually every aspect of the findings, conclusions and judgment. At the hearing on the motion, the court ruled from the bench against all of the defendants’ contentions concerning matters pertinent to the imposition of the penalty. However, in his brief in support of his motion for new trial, and in his ably presented oral argument, the defendants’ attorney caused the court to conclude that the matter of the injunction required reexamination; accordingly, the defendants’ motion was taken under submission.
The defendants contend at the outset that for this court to purport to grant an injunction in the case here concerned would constitute an unlawful trespass upon the exclusive domain of the Court of Appeals (which is a traumatic thought for any district judge, particularly a new one, to contemplate). The basis for this argument is subsections (c) and (d) of 15 U.S.C. § 45, which provide that a person against whom a cease and desist order is issued by ^e Commission may obtain review by the Court of Appeals. That court is given the power, SfSd» of 2 CommLion, and auch order by aPProPriate writs to the extent that it is affirmed. Subsection (d) provides ,,, <