National Training Service, Inc.

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IN THE MATTER OF NATIONAL TRAINING SERVICE, INC., ET AL.

CONSENT OHDEH , ETC., IX REGARD TO THE ALLEGED VIOLATION OF THE FEDERA.L TRDE CO).fMISSION ACT Doeket 6283. Complaint, Jan. .10, 1955-Decision, Apr. , 1.955 Consent order requiring a correspondence school in Greenwich, Conn., sellng home-study courses for passing Civil Service examinations, to cease representing falsely that it was connected with the V. S. Government or the U. S. Civil Service Commission and that its agents were representatives thereof that passing its courses was the only way to obtain a Goyernment job and that it guaranteed civil service positions near the homes of enrollees, that persons solicited were specially selected, etc. Before Mr. Abner E. Lipscomb hearing examiner. 31 r. William L. P encke for the Commission. . Abraham Berkowitz of Philadelphia, Pa., for respondents. C03IPLAIXT Pursuant to the provisions of the Federal Trade Commission Act and by virtue of the authority vested in it by said Act, the Federal Trade Commission, ha:ving reason to believe that National Training Service, Inc. , a corporation, and l't'ichael F. Ben, individually and as an offcer of said corporation, hereinafter referred to as respondents have violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAl H 1. National Training Service, Inc., is a corporation organized a,nd existing under the laws of the State of Connecticut with its principal offce and place of business at 34 East Putnam Street Green\vich, Connecticut.

Respondent yrichael F. Bcll is an individual and president of said corporation. This individual formulates all the policies and controls and manages an of the affairs of said corporation. His principal offce and place of business is the same as that of the corporate respondent.

Prior to the date of incorporation of said corporate respondent, said individual respondent was President of ational Training Service Inc.., a New Jersey corporation, with its principal offce in Camden New Jersey. Said corporation ,vas dissolved in January, 1953, and __ NATIONAL TRAINING SERVICE, INC., ET AL. 909 90S Complaint prior to said time, said individual respondent formulated, controlled andmanagcd all of the affairs and policies of said K ew Jersey corporation.

PAR. 2. For more than one year last past respondents have been and are now engaged in the sale and distribution of a course of study and inst.ructions intended for preparing students thereof for examination for certain Civil Service positions in the United St.ates Government, which said course of study is pursued by correspondence through the United States mails. Respondents, in the course and conduct or said business cause said course of study to be transported from their said place of business in the State of Connecticut to purchasers thereor located in States other than Connecticut. Prior to .J annary 1, 1953 respondent Bell caused said courses of study to be transported as afore said from the then place of business in Camden, New Jersey, to purchasers located in States other than New J crsey. There has been at an times mentioned herein a substantial course of trade in said course of instruction so sold a.nd distributed by respondents in commerce between the various States of the United States. PAR. 3. In the conduct of said business, as a.foresaid, respondents in soliciting prospective purchasers for said course, distribute return postal cards to high school graduates in various States of the United States on which arc made the following representations: Do you want to prepare for a GOYERN:\JEXT JOB? :'L\T10KAL TRAL'nNG SERVICE P. O. BOX 873 GREESWICH, CO:KI\ECTICUT CIVIL SERVICE EXAl\HI\Ations FOR GOVERN:\IE:,TT JOBS ARE ANXOUNCED Fm;QUEKTLY Go after one of these jobs-a job that offers you good pay, good hours and a good future. Discoyer the many 1housancls of real opportunities offered in civil service jobs. Get full information on Government Jobs, salaries paid minimum requirements, examinations, etc. You are told where to get offcial application forms, how to fill them in properly, and where to send them for best results. You are given all the information you need to successfully pass a Civil Service Examjuation-incluc1ing examination type questions. Propel' methods of study for yonI' examinatioll are suggestecl, with guara,nteerl results. Please furnish me with PHl'E INFOH1\:fATIOK Oll how to get a GOV- ERN::\1E T JOB through civil service examinations. * * * Age-------- Veteran_--___--- ----- Your Occupatioll______------- Citizen--_ - Are You now attending school_ Ed ucation-------- -- - - By meat1S of the statements made on said postal care1s respondents represent and imply that civil service examinations for positions in 910 FEDERAL TRADE CO:M nSSION DECISIONS Complaint 51 F. T.

the U. S. Government are held frequently; that there are thousands of opportunities and many advantages ill said service RIld that respondents have available all pertinent information with respect there- , including information pertaining to salaries, general requirements and the times, places tncl subjects of examination; and that by pursuing respondents' methods of instruction, applicants are assured of employment in said civil service.

PAR. 4. The representations and implications made by respondents as fLforesaid are cleeeptivc and misle,ac1ing. In truth and in fact whjle examinations for positions in the U. S. Civil Service may be announced frequently, and while vacancies do occur in the various departments of the U. S. Government, respondents do not have full and complete information with respect thereto. ancl moreover, cannot obtain information "which is not availa.ble to the general public; exmninations are helrl and vacancies filled in accordance with various requirements pertaining to the availability of applicants on the registers of the various districts, veterans' preferences, promotions and other conditions not within the knowledge of respondents. Regardless of any methods of prepnration, respondents cannot gllarantpe employment in the U. S. Civil Service. In addition, the repeated reference to government jobs and civil servic.e, as "Well as the ql1estionna,ire and return address to ': atiollnl Training Service:' on said postal cards imply that respondents arc connected ,,,ith some branch.h or agency of the United States Government, whereas respondents operate a private business for profit and are not in any manner connected with t11e U. S. Government or any branch thereof. PAR. 5. In the further course and condud of said business, as aforesaid, respondents employ sales agents or representati ves who eall upon prosppd.ive purchasers of said course of study. By means of oral statements made by said sales agents, respondents represent and imply to said prospective purchasers of their sa.id course: 1. That National Training Servic.e, Inc. , is connected ,with, or a branch of, or operated by, the -United States Civil Service Commission or the United States Government:

2. That respondents' sales agents are representatives or employees of the L united States Civil Service Commission or have some connection the.rewith;

3. That said NatioTlal Training Service, Inc., is a non-profit organization sponsored by the Government of the United States, and that the money pa.id by purchasers of said course to respondents is turned over to the government by respondents to defray operating expenses in connection with said course of study;

NATIONAL TRAINING SERVICE, IXC., ET AL. 911 908 Complaint 4. That the taking of respondents' course is the only \yay to obtain iI, government job;

5. That only one or two persons are selected in each town or district or that only those high school graduates having made the highest grades are eligible for taking said course; 6. That National Training Service guarantees or assures positions in the U. S. Civil SelTice to those who pass Civil Service exalnina tions or that such positions \vill be at or near the homes of enrollees or places selected by them;

7. That unless prospects enroll at. the time of the agent's visit they \yi)) lose the opportunity to enroll in said course and for civil service employment;

8. That the taking and passing of a lr S. Civil Service examination assures an enrollee immediate employrnent in such Civil Service; 9. That the sales agent or some other.r representative of the school would call upon enrollees for the purpose of checking on their progress and assist in their studies;

10. 'rhat by obtaining certain civil service jobs enrollees \yould be enabled to keep out of military service.

PAR. 6. All of said statements, representations and implications are grossly exaggerated, false and misleading. In truth and in fact: 1. H.respondent ationill Training Service, Inc. , is not connected with the U. S. Civil Scrvic.e Commission in any manner whatever, nor is it connected with the Dnited States Governmcnt or any branch or agency thereof;

2. Respondents' sales agents or representatives are not employees or connect.ed with, the 1;united Stiltes Civil Service Commission or the United States Government or any agency thereof; 3. Said corporate respondent is a corporation for profit; it is not sponsored by the Gnited States Government, and the money collected by it through the sale of training courses is used for the operation of said business, and no part of such money is paid to the "Gnited States Civil Service Commission or any other agency of said government;

4. It is not necessary for any person to take respondent.s' course of study in order to take a civil service eXfunination or obtain a position in the United States Civil Service;

5. Respondents do not select students for any reason and do not restrict enrollment for said course in any manner, but on the contrary, accept enrollments from as many students as their said salesmen are able to 8111'011;

6. Respondents cannot guarantee,e or assure positions in the U. S. 423783-5S- 912 FEDERAL TRADE C01nnSSION DECISroXS Coruplnint 51 F. T. c.

Civil Service to persons who have taken said course of study and passed civil service examinations or that such positions wil be at places or locations selected by said persons; 7. R.efusa.l to purchase said course of study at the time of the visit of respondents' sales agents does not result in the loss of Opportunity to enroll and prepare for or take civil service examinations at a later time.

8. The taking of a civil service examination and becoming eligible for employment, does not assure any apphcant of immediate employment for the reason that the time of employment. of eligibles depends upon a number of factors, such a,s their availability in various Civil Service Districts, their rating, veterans' preferences and other conditions over which neither the respondents nor eligibles have any control 9. The salesmen, after having sold said course of study, do not return at any time for the purpose of checking the progress made by said purchasers or assisting them in their study problenls; nor do re. pondents send any other agents to said purchasers for such purpose; 10. Employment in the "Cnited States Civil Senice does not enable such employee to avoid, or be rcJievec1 from, military service in the armed forces of the United States.

PAR. 7. In addition to the re,presentations made by respondent.s salesmen, as described in Paragraph Five hereof, the impression that said agents a.nd said corporate respondent are in some manner connected with the United States Government is enhanced and increased by one or HlOre of the following HteanS :

The use of the return postal cards as described in Paragraphs Three and Four hereof; the display of credentials by salesmen which simulate the official credentials carried by employees or offcials in the United States Government Service; the display by said salesmen of publications by the United States Civil Service Commission entitled Specimen Questions from lJ. S. Civil Service Examinations:' and IY working for the U. S. A. " and other literature resembling offcial publications, and, in that connection, dwelling on 6vil service work and a1l phases connected t.here\with, \yit.hout referring to the corporate respondent, National Training Service Inc. Said practices, together with the representations made as aforesaid, inc1uc.e members of the public to subscribe to said course, in the belief that they are dealing with some offcial agency of the .U. S. Government. In many instances said salesmen fail to explain the terms of the enrollment contract or afford prospective purchasers the time to read consider and comprehend said terms; and in some instances said sales- XATIOXAL TRAI:GXG SERVICE IXC. ET AL. 913 908 Decision 11len explain the provision appearing at the bottom of said contract to the effect that respondents or their agents are not connected with the Government and cannot promise jobs, by stating that as a matt.er of course, no government agency, or any school connected with the Civil Service can promise jobs to anyone.

As a result of said practices said prospects are unable to learn the true provisions of said enrollment. contract and execute such contract in reliance upon the oral representations made by said agents and in the belief tlmt they are dealing "ith some branch of the V. S. GO\'rnment.

PAR. 8. The use by the respondents of thc statements and representations aforesaid has had and now has the tendency and capacity to and does confuse, mislead and deceive members of the public into the erroneous and mist(lk n belief that such statements and representations are true and to induce them to purchase respondents course of study in saiel commel'ceon accollnt thereof. PAR. 9. The aforesaid acts and practices of respondents as herein alleged, are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the inten t and meaning of the Federal Trade Commission Act. DECISION OF Tile COMMISSION Pursuant to Rule XXll of the Commission s Rules of Practice and as set forth in the Comnlission s "Decision of the Commission and Order to File Report of Compliance, dated April 19 , 1955 ' the initial decision in the instant matter of hearing examiner Abner E. Lipscomb, as set out as follmvs, became on that date the decisjon of the Commi!31on.

INITIAL DECISION BY ABNER E. LIPSCO , BEAnING EXAMINER The Federal Trade Commission, on January 10 , 19, , issued its complaint in this proceeding, c.charging respondents with the dissemination, during the year last past, of confusing, mislead.ding and deceptive advertisements concerning their course of study and instruction designed for the preparing of students for examinations for certain Civil Service positions in the "Gnited States Government, in violation of the provisions of the Federal Trade Commission Act. On February 25, 1955, respondents entered into an agreement with counsel supporting the complaint, and pursuant thereto, submitted to the Hearing Examiner herein a Stipuhltion For Consent Order disposing of all the issues in this proceeding.

914 FEDERAL TRADE COlVIMISSION DECISIONS Decision 51 F. T. C. Respondent ational Training Service, Inc. is identified in the stipulation as a corporation organized under' and existing by virtue of the laws of the State of Connecticut, with its offce and principal place of business at 34 East Putnam Street, Greenwich, Connecticut. Respondent Michael F. Ben is identified in the stipulation as an individual and as president of said corporation.

llespondcnts admit an the jurisdictional anegations sct forth in the complaint, and agree that the record herein may be taken as if the Commission had made fuldings of jurisdictional facts in accordance therewith. Respondents, in effect, request the withdrawal of their answer, filed on February 7, 1955, and expressly waive hearing before the Hearing Examiner or the Commission, the making of findings of fact or conclusions of law by thc Hearing Examiner or the Commission, the filing of exceptions and oral argument before the Commission, and aU further and other proceedings before the Hearing Examiner or the Commission to which they may be entitled under the Federal Trade Commission Act or the Rules of Practice of the Commission.

It is agreed by respondents that thc order contained in the stipulation shall have the same force and effect as if made after full hearing, presentation of evidence and findings Hnd conrJusions thereon. Hespondents specifically waive any and all right, power or privilege to challenge or contest the validity of the order entered in accordance with their stipulation. They also agree that said Stipulation For Consent Order, together with the complaint, shall constitute the entire record in this proceeding, upon which the initial decision shall be based. The stipulation sets forth that the complaint herein may be used in eonstruing the terms of the aforesaid order, which may be altered, modified or set aside in the manner provided by statute for orders of the Coml:nission.

The stipulations further provides thrt the signing of the Stipulation For Consent Order is rar settlement purposes only, and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.

In view of the facts outlined above, and the further fact that the order embodied in said stipulation is identical ,with the order accompanying the complaint, and is adequate to forbid all the acts and practices charged therein, it appears that such order will safeguard the public interest to the same extent. as could be accomplishec1 full hearing Hnd an other adjudicative proceedings ,,,waived in said stipulation. .Accordingly, in consonance with the terms of tlw aforesaid stipulation, the IIearing Examiner grants the request for with- (,q) NATIONAL TRAINING SERVICE , INC., ET AL. 915 908 Order drawal of respondents' ans\ver, accepts thc Stipulation For Consent Order submitted herein, finds that this proceeding is in the public interest, a,nd issues the following order:

It is ordered That respondent, K ational Training Service, Inc. , a corporation, and its offcers, and yrichael F. Bell, individually and as an officer of said corporation, and the respondents' agents, representatives and employees, directly or through lJY corporate or other device, in connection with the offering for sale, sale and distribution in commerce, as "commerce" is defined in the Federal Trade Commission Act, of a course of study and instruction intended for preparing students thereof for examination for civil service positions under the United States Government, or any similar courses of study, do forthwith cease and desist from:

1. Hepresenting, directly or by implication: (a) Through the use of postal cards or other sales literature, that respondents have any information pertaining to the United States Civil Service which is not available to the general public; or that persons pursuing respondents' methods of preparation for United States Civil Service examinations are assured of employment in said service;

(b) That respondents have any connection with the United States Civil Service Commission or any other agency of the United States Government;

(c) That respondent.s' sales agents are representatives or employees of the United States Civil Service Commission or any other government agency, or have any connection therewith; (d) That respondent, National Training Service, Inc.) is anything other than a business operated for profit or is sponsored by the United States Government or Civil Service Commission, or that any money paiel to it is paid to the United States Civil Service Commission or any other -United States government agency; (e) That it is necessary for persons seeking -United States Civil Service positions t.o take respondents' course of study in order to qualify for or obtain such positions;

(I) That applicants or prospective purchasers of respondents course of study are especially selected or that the number of .pplican ts is restricted;

That persons l1aving completed respondents' course of study and passed a. civil service examination are guaranteed or assured of posit.ions in the -United States Civil Service or at locations selected by them;

916 FEDERAL TRADE co nIISSION DECISIOXS Order 51 F. T. C.

(h) That unless prospective purchasers decided to purchase respondents' course of study at the time of the sales agents ' visit, they will lose the opportunity to enroll in said course or for ci vii service employment;

(i) That the taking and passing of a United States Civil Service examination assures eligibles of immediate employment in said civil service;

(j) That sales agents or representatives of respondents give personal assistance or instruction at any time after the sale of said course of study to purchasers thereof;

(k) That persons employed in the l united States Civil Service are not required to serve in the Armed Forces of the United States. 2. Inviting or soliciting inquiries by means of postal cards or other sales literature in such manner as to imply or suggest that respondents have some connection vvith the -United States Civil Service or some branch or agency of the United States Government; 3. Using credentials resembling offcial identifications or using or displaying offcial publications of the United States Governement, or other books or publications resembling them in such a manner as to represent or imply that respondents 01' their agents are connected with the United States Government or any branch thereof; 4. Soliciting, procuring or accepting contracts for respondents course of study without permitting prospects to read the same over fully and thoroughly.

It is further ol'del'cd That request for withdrawal of respondents answer to the complaint herein be, and th(- same hereby is, granted. omn::r TO FILE REPORT OF CO::\IPLIAXCE It is ordered That respondents National Training Service, Inc. , a corporation, and J\1:chael F. Bell, individually and as an offcer of said corporation, shad, within sixty (GO) days after service upon thenl of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist (as required by said declaratory decision and order of April 19, 1955J.

&, ADA.\1S BROTHERS PRODUCE CO. 917 Complaint IN TIm fal' TER OF RALPH ADAMS ET AI,. DOING Bl SIJ'ESS AS ADAMS BROTHERS PRODVCE CO.

CONSENT ORDER. ETC.. IN REGARD TO Tile ALLEGED VIOLATION OF SEC. 2 (C) 01" THE CLAYTON ACT AS AMENDED Doeket 6268. Compla.int, Nov. 16, 1954-Decision, Ap1". , 1955 Consent order requiring dealers in fresh fruit, prorluce, and other food products in Birmingham, Ala., to cease receiving and accepting from sellers, commissions, etc., on substantial purchases of food products for their own account for resale, in violation of sec. 2 (c) of the Clayton Act as amended. Before11b' Abn.Bi' E. Lipscomb hearing examiner. Jfr. Edward S. Ragsdale and 3fT. Cecil G. 3Iiles for the Commission. Pritchard, McCall .lones of Birmingham, Ala., for respondents. COMPLAINT The Federal Trade Commission, having reason to believe that the parties respondent named in the ca,ption hereof and hereinafter more particularly designated and described, have violated, and are now violating the provisions of subsection (c) of Section 2 of the Clayton Act (V. S. C. Title 15, Section 13), as amended by the Robinson- Patman Act, approved J.nne 19, 1936, hereby issues its complaint stating its charges with respect thereto as follows: PARAGRAPH 1. Respondents Ralph Adams, Carl Adams, Sr., Paul Adams, Carl Adams, Jr., Hugh Adams, Charles H. Adams, and James R. Adams are individuals and copartners doing business as Adams Brothers Produce Co. and have their offces and principal place of business located at 1703 Morris Avenue, Birmingham, Alabama. The individual respondents, as wen as the partnership itself, are hereinafter sometimes referred to as respondents. PAR. 2. The respondents, individually and as partners trading as Adams Brothers Produce Co. for a substantial period of time since 1939, but more particularly since January 1 , 1951, have been and are now engaged in the business of buying, selling, and distributing for their o\vn account, fresh fruit and produce and other food products hereinafter sometimes referred to as food products. Respondents sell and distribute these food products in substantial quantities throughout the State of Alabama and, to a lesser extent, in the States of Georgia Mississippi, and Tennessee. R.esponc1ents purchase such food products 918 FEDERAL TRADE COMMISSIOK DECISIONS Decision 51 P.

from a number of sellers located in various states other than the state in which respondents are loea ted, which sellers shi p these food products across state lines to respondents at their place of business or to respondents' customers when so directed by respondents. Respondents sales for the past several years have been between $4 000 000 aud 000 000 annually.

PAR. 3. R.respondents have for a substantial period of time, but more particularly since January 1 , H);31, made numerous and substantial purchases from at least one of its principal snppEers of fresh fruits located in the State of Florida, and pursuant to said purchases, such food products have been and are now being shipped and transported in commerce by the seller thereof from the respective State of Florida, across State lines either to respondents or, pursuant to respondents instructions and directions, to the respective customers of respondents. There has been at all 6rnes since.J auuary 1 ID5l and is now a constant current of trade and commerce in such food products across state lines bet,veen these respondents and the seller thereof. PAIL 4. Respondents for a substantial period of time, but more particularly since January 1 , 1951, in connection with the purchase of food products in commerce, as hereinabove alleged and described have received a,nd accepted, and are now receiving and accepting directly or indirectly things of value as comrnissions, brokerages, other compensations, and allowances or discounts in lieu thereof from at least one such seller from whom respondents make substantial annual purchases of said food products in commerce for their own account for resale, in the manner and under the cii'cumstances described herein. These commissions, brokerages, or discounts in lieu thereof are the same, or substantially the same, as allowed by this particular seller to its intermediaries or brokers who effect sales for it as principal. PAR. 5. The foregoing acts and practices of the respondents, and each of t.hem, as hereinabove aneged a.nc1 described violate subsection (c) of Section 2 of the Clayton Act as amended by the Robinson- Patman Act (D. S. C. Title 15, Section 13). DECISION OF TI-IE COl\DlISSlOX Pursuant to R,ule XXII of the Commission s Rules of Practice, and as set forth in the COITnnission s ':Decision of the Commission (lnd Order to File lleport of Compliance, dated April 21, 1955, the initial decision in the instant matter of hearing examiner Abner E. Lipscomb, as set out as follows, became on that date the decision of the Commission.

ADA:\IS BROTHERS PRODUCE CO. 919 917 Decision lXITIAL DECImON BY AB:NEH E. LIPSCO)IB , HEARING EXA:LU:\T On Xovember 16 1054 the Federal Tra.de Commission issued its complaint in this proceeding, charging the R.esponclcnts with receiving and accepting, directly or indirectly, commissions, brokerage fees or other eOJnpensat.ions: a.110wanees or discounts in lieu thereof from sellers in connection with the purchase in commerce of food products for their own account, in violation of subsection (c) of Section 2 of the Clayton Act, as amended by (he Robinson-Patman Act (D. S. C. TitJc 15, Sec. 13).

Thereafter, on February 28 , 1955, Respondents entered into an agreenl(nt with counsel supporting the complaint, and, pursuant thereto, submitted to the IIcndng Examiner fL Stiplllation For COllsent Order disposing of nll the issues involved in this proceeding-. Respondents are identified in the stipulation as individuals and copartners doing business as Adams Brothers Produce Co., ,'lth their offce and principal plac.e of business located at 1703 Iorris Avenue Birmingham, Alabama.

Hespondents admit all the jurisc1ichonal allegations set forth in the col1pl dnt, and agree that the record herein may be taken as if the Commission had made fmdillgs of jurisdictional facts in accordance there,,-ith.

All parties hereto request that the answer of Respondents, heretofore filed with the Commission on Dec.member 20, 1954, be withc1nnYll and expressly 'waive the filing of ans,yeJ', a hearing before a hearing examiner of the Commission, the making of findings ns to tJ1C facts or conelusiolls of law by the IIearing EXfuniller or the Commission the filing of exceptions and oral argnllwnt before the Commission and all further and other place(hue before the Hearing Examiner and the Commission to "which Respondents may be entitled under the Clayton Act, as amended, or the R.ules of Practice of the Commission. It is agreed by Respondents that the order contained in the stipulation sha.ll have the same force and effect as if made after fun hearing', presentation of evidence and findings and conclusions thereon. Re spondents specifically \\aive any and aU right, power or privilege to challenge or contest the validity of such order. It is also agreed that said Stipulation For Consent Order together with the complaint, shall constitute the entire record in this procccd lng, upon which the initial decision shall be based. The stipulation sets forth that the complaint herein may be used in construing the terms of the aforesaid order which may be altered, modified, or set aside in the manner provided by statute for orders of the Commission. 920 FEDERAL TRADE CO.\1viission DECISIOgS Order 51 F. T. C.

The stipulation further provides that the signing of the Stipulation For Consent Order is for settlement purposes only, and does not constitute an admission by Respondents of any violation of law alleged in the complaint.

In view of the facts outlined above, and the further fact that the order embodied in the aforesaid stipulation is identical with the order accompanying the complaint, it appears that such order wil safeguard the public interest to the same extent as could be accomplished by tbe issuance of an order after full hearing and all other adjudicative procedure waived in said stipulation. Accordingly, in consonance with the terms of the aforesaid stipulation, the Hearing Examb1er grants the request for withdrawal of Respondents' answer, accepts the Stipulation For Consent Order submitted herein, finds that this proceeding is in the public interest, and issues the following order: It is ordered That Respondents Ralph Adams, Carl Adams, Sr. Paul Adams, Carl Adams, Jr., I-Iugh Adams, Charles H. Adams, and James R Adams, individually, as copartners doing business as Adams Brothers Produce Co. or through any other device, their representatives, agents, or employees, directly or indirectly, in connection with the purchase of food products in commerce, as "commerce " is dcfim' in the aJOlesaid Clayton Act, do forthwith cease and desist from: Receiving or accepting, directly or indirectly, from any seder, anything of value as a commission, brokerage, or other compensation, or any allowance or discount in lieu thereof, upon or in connection with any purchase of food products or other commodities for their o"Wn account, or for the account of Adams Brothers Produce Co., or while acting for or in behalf of Adams Brothers Produce Co. or any other buyer as an intermediary or agent, or subject to the direct or indirect control of such buyer.

It i8 f1(TtheT oTdcl'ed That thc request of all parties hereto, that Respondents' answer to the complaint herein be withdraw"n, be, and the SHme hereby is, granted.

ORDER TO FILE REPORT OF CO:\fPLIA XCE I t is oTdel'ed That respondents Ralph Adams, Carl Adams, Sr. Paul Adams, Carl Adams Tr. Hugh Adams, Charles l-I. Adams, and James R. Adams, individually and as copartners doing business as Adams Brothers Produce Co. shall, within sixty (60) days aHer service upon them of this order, fie with the Commission a report in writing setting forth in detail the manner and form in ,,,which they have complied \with the order to cease and desist Las required by said declaratory decision and order of April 21 , 1955J. &;

UNITED STATES STEEL CORP. ET AL. 921 Complaint