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38 UNITED STATES OF ' AMERICA BEP'ORE FEDERAL TRADE COMMISSION Zn the Matter of P. LORILLARD COMPANY, INC., a corporation. MOTION TO STRIKE FROM THE RECORD THE ""ORDER" OF THE COMIVIISSION' DATED JUNE 2, 1945, AND ALL PROCEEDINGS' TAKEN' PURSUANT' THERETO: AND TO PROCEED TO DISPOSE OF THE PROCEEDING UPON THE RECORD AS IT EXISTED ON JANUARY 17, 1945 COMES Now the respond'ent herein, by its counsel, Perkins, Daniels & Perkins, Esqs., and Herbert~ M. Bingham, Esq., and appearing specially and only for the purpose of this motion respectfully moves the Federal Trad'e Commission (1) to strike from the reco4 in this proceeding as null, void and of no effect the, so-called "Order rescinding approvali of stipulations and re-opening case for further testimony" dated June 2, 1'945; and all proceedings in this matter held pursuant to said so-called order of June 2, 1945, and~ (2) to proceed upon the record as it stood on January 17, 1945, namely, upon the complaint herein, the answer of respondent, the testimony and evidence taken before Trial Examiner Webster Ballinger, the stipulation of facts dated November 16, 1944, and approved' by the said Com- mission on November 2q; 1944, the stipulation entered before the Trial Examiner on December 4, 1944, the report of Trial Examiner Webster Ballinger, dated January 6, 1945, and the stipulation dated January 16, 1945, and approved by the Com-

39 mission on January 17, 1945„ to make its report, stating its find- ings as to theiacts and its conclusions based thereon and enter its order disposing of this proceeding. As grounds for said motion respondent shows: (1) That the action of said Commission in issuing the so-called "Order" of June 2, 1945, was null, void, and without any authority in law. (2) That even had the so-called "Ord'er" of June 2, 1945,, been lawful and proper there is no testimony and evidence in the subsequent proceedings held pursuant' to said so-called "Order" upon which the Commission could issue any broader or more comprehensive order than it can issue on the basis of the stipulation of facts dated November 16, 1944, and approved by the Commission on November 20, 1944. P. LoRILLnRn COMPANY, Respondent; By its Attorneys PERICINS,, LI.Al*IIELS' SY PFRKTNS,By: /s/ FREEEMAN J. DANIELS FREEMAN J. DANIELS 30 Rockefcller Plaza New York 20, New York /s/ HERBERT M. BINGHAM 1-IERBE+RT M. BINGRAM Tower Building Washington 5, D. C. O f Counsel: /s/ ROBERT B. TYLER ROBERT B. TYLER 30 Rockefeller Plaza New York 20, New York