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U.S. Code as of:
01/19/04
Section 1195. Injunction and condemnation proceedings
(a) Temporary injunction; venue
Whenever the Commission has reason to believe that any person is
violating or is about to violate section 1192 of this title, or a
rule or regulation prescribed under section 1194(c) of this title,
and that it would be in the public interest to enjoin such
violation until complaint under the Federal Trade Commission Act
[15 U.S.C. 41 et seq.] is issued and dismissed by the Commission or
until order to cease and desist made thereon by the Commission has
become final within the meaning of the Federal Trade Commission Act
or is set aside by the court on review, the Commission may bring
suit in the district court of the United States for the district in
which such person resides or transacts business, or, if such person
resides or transacts business in Guam or the Virgin Islands, then
in the District Court of Guam or in the District Court of the
Virgin Islands (as the case may be), to enjoin such violation and
upon proper showing a temporary injunction or restraining order
shall be granted without bond.
(b) Process of libel for seizure and confiscation; manner of
procedure; consolidation of trials
Whenever the Commission has reason to believe that any product
has been manufactured or introduced into commerce or any fabric or
related material has been introduced in commerce in violation of
section 1192 of this title, it may institute proceedings by process
of libel for the seizure and confiscation of such product, fabric,
or related material in any district court of the United States
within the jurisdiction of which such product, fabric, or related
material is found. Proceedings in cases instituted under the
authority of this section shall conform as nearly as may be to
proceedings in rem in admiralty, except that on demand of either
party and in the discretion of the court, any issue of fact shall
be tried by jury. Whenever such proceedings involving identical
products, fabrics, or related materials are pending in two or more
jurisdictions, they may be consolidated for trial by order of any
such court upon application seasonably made by any party in
interest upon notice to all other parties in interest. Any court
granting an order of consolidation shall cause prompt notification
thereof to be given to other courts having jurisdiction in the
cases covered thereby and the clerks of such other courts shall
transmit all pertinent records and papers to the court designated
for the trial of such consolidated proceedings.
(c) Application by defendant for representative sample of seized
materials
In any such action the court, upon application seasonably made
before trial, shall by order allow any party in interest, his
attorney or agent, to obtain a representative sample of the
product, fabric, or related material seized.
(d) Disposal of condemned materials
If such products, fabrics, or related materials are condemned by
the court they shall be disposed of by destruction, by delivery to
the owner or claimant thereof upon payment of court costs and fees
and storage and other proper expenses and upon execution of good
and sufficient bond to the effect that such products, fabrics, or
related materials will not be disposed of until properly and
adequately treated or processed so as to render them lawful for
introduction into commerce, or by sale upon execution of good and
sufficient bond to the effect that such products, fabrics, or
related materials will not be disposed of until properly and
adequately treated or processed so as to render them lawful for
introduction into commerce. If such products, fabrics, or related
materials are disposed of by sale the proceeds, less costs and
charges, shall be paid into the Treasury of the United States.
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