ST. REGIS PAPER CO.
v.
UNITED STATES
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The Court granted a petition for writ of certiorari limited to specific questions regarding agency investigative processes and forfeiture liability. The Court also granted a motion to toll further accumulation of forfeitures pending disposition of the writ.
Petitioner sought a writ of certiorari to review questions concerning the modification of agency investigative processes, the nature of agency orders,…
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Solicitor General Cox, Acting Assistant Attorney General Kirkpatrick and Richard A. Solomon for the United States.
“5. Are petitioner’s retained file copies of confidential reports to the Bureau of Census for the Census of Manufactures subject to the investigative processes of the Commission?
“6. Does the investigative power asserted by the Commission under Section 6 (b) of the FTC Act, if not reviewable except at the risk of paying forfeitures accumulated at the rate of $100 per day throughout the period of noncompliance, including the period of judicial review, deprive petitioner of its property without due process of law?”
Since time will not permit a hearing and determination of these issues until our next Term, petitioner’s motion pursuant to § 10 (d) of the Administrative Procedure Act, 60 Stat. 243, 5U. S. C. (1958 ed.) § 1009 (d), is granted to the extent of tolling, as of the filing of its petition on February 7, 1961, and pending this Court’s disposition of the writ of certiorari, the further running and accumulation of forfeitures under § 10 of the Federal Trade Commission Act, 38 Stat. 723, 15 U. S. C. (1958 ed.) § 50. Petitioner’s liability for forfeitures accruing prior to February 7, 1961, is to abide the event of this litigation.