Advance Spectacle Company, Inc.
Volume 54 · 54 F.T.C. 445
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Advance Spectacle Company, Inc., 54 F.T.C. 445 (1957). Consumer Law Library, https://consumerlawlibrary.org/decisions/v054-0067
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IN THE ~IATTER OF ADVANCE SPECTACLE CO:MP ANY, INC., ET AL.
Docket 6285. Ordcl' reopening, etc. , Oct. 11, 1957 Order reopening proceeding, vacating decision l and remanding case to hearing examiner.
Before ill r. Earl J. I( olb hearing examiner. 1111'. lYillia?n A. SO1ners for the Commission. lJlr. Alfred B. Teton of FToelich, G?"Os8?nan, Teton and Tabin Chicago, Ill., for respondents. ""\Vhereas, the hearing examiner, on April 12, 1955, filed an initial decision in which he accepted an agreement containing an order to cease and desist theretofore executed by the respondents and counsel in support of the complaint, which decision, on :May 22, 1955, became the decision of the Commission in disposition of this proceeding; and "\Vhereas, counsel in support of the complaint, by motion filed September 13, 1957, requested that the matter be reopened and that said decision be vacated and set aside and the case remanded to the hearing examiner for further proceedings, which motion was, on September 18, 1957, duly served upon the respondents; and It appearing that the ground for said motion is that the respondents have asserted a misunderstanding on their part as to the scope of the order agreed to, stating that they understood that said order would relate only to advertising material packaged with their eyetesting device and not to their advertising generally; and It further appearing to the Commission that while the order to cease and desist on its face admits of no ambiguity, clearly applying to all forms of advertising disseminated by the United States mail at theor by any means in commerce, the discussion on the record time of submittal of the agreement containing the order does indicate a possible basis for the respondents' misunderstanding; and The Commission being of the opinion that, in the circumstances be served by vacating the decision andthe public interest will best directing that the case be tried:
1 t is O1YleTecl That this proceeding be reopened and that the initial dec.ision of the hearing examiner filed A april12, 1955, and the decision of the Commission :md order to me report of c.compliance, issued :May , 1955, be, and they hereby are, vacated and set aside. 1 t 'is fu?,the?" onle?' ecl That the case be, and it hereby is, remanded proceedings in regular course.to the hearing examiner for further 151 F. 'l'. C. 1216.
446 FEDERAL 'TRADE COMMISSION DECISIONS Decision 54 F.