United States Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION
OF EXPORT TRADE
68e. Condemnation and injunction proceedings
(a) Grounds for condemnation; disposition of merchandise
Any wool products shall be liable to be proceeded against in the district
court of the United States for the district in which found, and to be
seized for confiscation by process of libel for condemnation, if the Commission
has reasonable cause to believe such wool products are being manufactured
or held for shipment, or shipped, or held for sale or exchange after shipment,
in commerce in violation of the provisions of this subchapter, and if
after notice from the Commission the provisions of this subchapter with
respect to said products are not shown to be complied with.
Proceedings in such libel cases shall conform as nearly as may be to suits
in rem in admiralty, and may be brought by the Commission.
If such wool products are condemned by the court, they shall be disposed
of, in the discretion of the court, by destruction; by sale; by delivery
to the owner or claimant thereof upon payment of legal costs and charges
and upon execution of good and sufficient bond to the effect that such
wool products will not be disposed of until properly stamped, tagged,
labeled, or otherwise identified under the provisions of this subchapter;
or by such charitable disposition as the court may deem proper. If such
wool products are disposed of by sale, the proceeds, less legal costs
and charges, shall be paid into the Treasury of the United States.
(b) Grounds for temporary injunction or restraining order; issuance without
bond
Whenever the Commission has reason to believe that -
(1) Any person is violating, or is about to violate, sections 68a, 68c,
68f, or 68g of this title, and that
(2) It would be to the public interest to enjoin such violation until
complaint is issued by the Commission under the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) and such complaint dismissed by the Commission
or set aside by the court on review, or until order to cease and desist
made thereon by the Commission has become final within the meaning of
the Federal Trade Commission Act, the Commission may bring suit in the
district court of the United States or in the United States court of any
Territory, for the district or Territory in which such person resides
or transacts business, to enjoin such violation, and upon proper showing
a temporary injunction or restraining order shall be granted without bond.
From A service of the Legal Information Institute.
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