Arnheimer, Inc.

Text (OCR of the scan at left; may contain errors)

In THE MATTER OF ARNHEIMER, INC., ET AL.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 6572. Complaint, June 19, 1956—Decision, Feb. 21, 1957 Order dismissing complaint charging a New York City furrier with violating the Fur Products Labeling Act by setting out on invoices of fur products fictitious prices or values and by failing to comply in other respects with invoicing requirements.

Mr. S. F. House for the Commission.

Mr. Norman Lazarus, of New York City, for respondents. Orvrer Dismissing COMPLAINT WrrHout PREJUDICE INITIAL DECISION BY JOHN LEWIS, HEARING EXAMINER Pursuant to the provisions of the Federal Trade Commission Act, and the Fur Products Labeling Act, the Federal Trade Commission on June 19, 1956, issued and subsequently served its complaint in this proceeding upon the above-named respondents, charging them with having violated the Fur Products Labeling Act and the rules and regulations issued thereunder, and the Federal Trade Commission Act. Thereafter counsel supporting the complaint moved for a continuance of the proceedings for the reason that the individual respondent is now deceased and that counsel for respondents would file an affidavit that the corporate respondent will cease doing business. On August 22, 1956, the undersigned granted said motion and issued his order cancelling the then scheduled hearing. By motion filed December 28, 1956, counsel supporting the complaint moved for a dismissal of the complaint by reason of the death of the individual respondent and the cessation of business by the corporate respondent. In verification of these facts counsel submitted with said motion, and as a part thereof, a photostatic copy of the death certificate of the individual respondent and affidavits of the widow of said respondent attesting to the facts that at the time of his death the individual respondent was the sole active officer of the corporate respondent, that said corporate respondent has ceased doing business and that the widow of said individual respondent has no intention of resuming business under the name of the corporate respondent.

ARNHEIMER, INC., ET AL. 737 736 Decision This proceeding having now come on for final consideration on the complaint and the motion for dismissal by counsel supporting the complaint, and the undersigned being of the opinion that, under the circumstances stated in said motion of counsel supporting the complaint, the public interest does not require any further proceedings in this matter at this time, It is ordered, That the motion of counsel supporting the complaint to dismiss the complaint herein, be, and the same hereby is, granted, and It is ordered, That the complaint herein, be, and the same hereby is, dismissed without prejudice.

DECISION OF THE COMMISSION Pursuant to Section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 21st day of February, 1957, become the decision of the Commission. Decision 53 EVT.C:.