Edward Earl McGowan, Jr.

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In tue Marrer or EDWARD EARL McGOWAN, JR., TRADING AS TRANSI- MITE LABS, ETC.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6735, Complaint, Feb. 28, 1957—Decision, Mar. 20, 1958 Order dismissing, for lack of evidence that he was still in business, complaint charging an individual operating in Virginia and North Carolina with false advertising in connection with the sale of miniature radio kits and parts therefor.

Mr, Edward F, Downs and Mr. Garland S. Ferguson supporting the complaint.

No appearance for respondent.

Iniriau Decision sy Joun B. Pornpexrrr, Heartnc Examiner On February 28, 1957, the Federal Commission issued a complaint in this proceeding alleging that Edward Earl McGowan, Jr., trading and doing business as Transi-Mite Labs, Transi-Mite Laboratories, Transi-Mite Radio Lab, Electronic Miniature Labs, and Electronic Miniatures, had violated the provisions of the Federal Trade Commission Act in the advertising and sale of miniature radio kits. A copy of the complaint was mailed to respondent at his last known address by registered mail, but the envelope containing said complaint was returned by the postmaster undelivered. Subsequently, personal service of the complaint was effected on respondent but not until after the date specified in the complaint for the initial hearing. All attempts to serve respondent with orders rescheduling the initial hearing, both by mail and-personal service, were unsuccessful. On January 9, 1958, counsel supporting the complaint filed a motion with the hearing examiner in this proceeding setting out the matter recited above and the further circumstance that there is no indication that respondent is presently engaged in the business which led to the issuance of the complaint herein. Wherefore, counsel requested that the complaint be dismissed.

Upon consideration, the hearing examiner is of the opinion that the motion to dismiss should be granted. Accordingly, It ts ordered, That. the complaint herein be, and it hereby is, dismissed, without prejudice to the right of the Federal Trade Com- TRANSI-MITE LABS, ETC. 1205 1204 Decision mission to take such further action in the future against, respondent as the facts and circumstances may warrant. 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 20th day of March 1958, become the decision of the Commission. Decision 54 F.T.C.