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PUBLIC LAW 85-791-AUG. 28, 1958
943
Code. Upon such filing of the petition the court shall have jurisdiction of the proceeding and of the question determined therein concurrently with the Commission until the filing of the record and shall have power to make and enter a decree affirming, modifying, or setting aside the order of the Commission, and enforcing the same to the extent that such order is affirmed and to issue such writs as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public or to competitors pendente lite." (c) Subsection (d) of section 5 of the Federal Trade Commission Act, as amended (52 Stat. 113), is amended to read as follows: ^^ ^^^ ^^' " (d) Upon the filing of the record with it the jurisdiction of the court of appeals of the United States to affirm, enforce, modify, or set aside orders of the Commission shall be exclusive." SEC. 4. (a) The sixth sentence of the second paragraph of section aJ<fFe<rer*^'i*^RS 11 of the Act of October 15, 1914, as amended (64 Stat. 1127), is serve, amended to read as follows: "Until the record in such hearing shall '^ ^^^ ^^' have been filed in a United States court of appeals, as hereinafter provided, the Commission or Board may at any time, upon such notice, and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section." (b) The first and second sentences of the third paragraph of section 11 of the Act of October 15, 1914, as amended (64 Stat. 1127), are ^^ use 21. amended to read as follows: "If such person fails or neglects to obey such order of the Commission or Board while the same is in effect, the Commission or Board may apply to the United States court of appeals, within any circuit where the violation complained of was or is being committed or where such person resides or carries on business, for the enforcement of its order, and shall file the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon such filing of the application the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein concurrently with the Commission or Board until the filing of the record, and shall have power to make and enter a decree affirming, modifying, or setting aside the order of the Commission or Board." (c) The second and third sentences of the fourth paragraph of section 11 of the Act of October 15, 1914, as amended (64 Stat. 1128), is use 21. are amended to read as follows: "A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission or Board and thereupon the Commission or Board shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition the court shall have the same jurisdiction to affirm, set aside, or modify the order of the Commission or Board as in the case of an application by the Commission or Board for the enforcement of its order, and the findings of the Commission or Board as to the facts, if supported by substantial 60 243. evidence, determined as provided in section 10(e) of the Administra- 5 uStat. 1009. se tive Procedure Act, shall in like manner be conclusive." (d) The fifth paragraph of section 11 of the Act of October 15, 1914, as amended (64 Stat. 1128), is amended to read as follows: ^^ use 21. "Upon the filing of the record with it the jurisdiction of the United States court of appeals to enforce, set aside, or modify orders of the Commission or Board shall be exclusive." SEC. 5. The fourth and fifth sentences of the first paragraph of P°** office, section 2 of the Act of July 28, 1916 (39 Stat. 425), are amended to read as follows: "A copy of such petition shall be forthwith trans- ^9 USC 576. mitted by the clerk of the court to the Post Office Department and thereupon the said Department shall file in the court the record, as 98395-59-PT. 1-60
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