Earl Warren

“ And he is of the further belief (that) the Company may suffer further substantial financial losses if it must be the sole plumbing fixture manufacturer under an order to cease and desist.' In a unanimous decision denying the petition for the stay, the Commission held that a general allegation that competitors were offering truckload discounts was not a sufficient basis for instituting industry-wide proceedings or for withholding enforcement of the cease-and-desist order. ”

“ But it considered that Universal-Rundle's evidentiary offering was sufficient to demonstrate that the refusal to grant the requested stay constituted a patent abuse of discretion. The premises upon which the court below based its conclusion may be briefly restated: (1) ' (i) t is apparent,' the court wrote with reference to the evidentiary offering, 'that the Commission has directed its attack against a general practice which is prevalent in the industry'; (2) enforcement would lead to the 'sacrifice' of one of the 'smallest participants' in the industry ”