James H. Gates

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

In the MatTTerR OF JAMES H. GATES ET AL. DOING BUSINESS AS SEABOARD EQUIPMENT COMPANY ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATIONS OF SEC, 3 OF THE CLAYTON ACT Docket 6682. Complaint, Sept. 12, 1956—Decision, Apr. 16, 1957 Order dismissing—for the reason that respondent partnership was superseded by a corporation in the management of which the principal individual respondent was not active—complaint charging several Surfside, Calif., sellers of ‘“Mercury” outboard motors and parts and accessories therefor, with making sales to retail dealers on condition that purchasers not deal in similar commodities of a competitor.

Mr. L. FE. Creel, Jr. for the Commission. Mr. William J. D. Lane, of Los Angeles, Calif., for respondents. Inrriau Decision py Eart J. Kors, Heartne Examiner DISMISSING COMPLAINT WITHOUT PREJUDICE This proceeding is before the hearing examiner upon motion of counsel in support of the complaint to dismiss the complaint without prejudice for the reason that the partnership composed of the respondents had been discontinued and was superseded on October 1, 1955, by a corporation styled Seaboard Equipment Company, Inc., and that the principal respondent James H. Gates does not appear to be active in the management of the present corporation, and the hearing examiner having considered said motion and the record herein and being now duly advised in the premises. It ts ordered, That the complaint herein be dismissed without prejudice.

DECISION OF THE COMMISSION The Commission having determined that the hearing examiner’s initial decision, filed January 30, 1957, dismissing the complaint constitutes an appropriate disposition of this proceeding: : It is ordered, That said initial decision be, and it hereby is, adopted as the decision of the Commission.

Decision 53 B.T.C.