R. C. Myrick trading as Carey Surgical Appliance Co.
Volume 56 · 56 F.T.C. 351
deceptive advertisinghealth claims
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R. C. Myrick trading as Carey Surgical Appliance Co., 56 F.T.C. 351 (1959). Consumer Law Library, https://consumerlawlibrary.org/decisions/v056-0082
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In True Marrer or R. C. MYRICK TRADING AS CAREY SURGICAL APPLIANCE CO. ET AL.
ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7330. Complaint, Dec. 10, 1958—Decision, Sept. 26, 1959 Order dismissing for failure of efforts to serve respondent with notice of hearing, complaint charging seller of a hernia truss with misrepresenting effectiveness, comparative merits, unique nature, and other relevant facts concerning his devices.
Mr. Charles W. O'Connell for the Commission. No appearance for respondents.
IniriaL Decision py Wiiuiam L. Pack, Hearne EXAMINER This matter is before the hearing examiner upon a motion filed by counsel supporting the complaint to dismiss the complaint without prejudice. The complaint was issued on December 10, 1958, and the initial hearing was set for February 19, 1959, in Chicago, Illinois. Decision 56 F.T.C.
It appears that service of the complaint was obtained upon both of the respondents in regular course.
On January 16, 1959. in response to a letter received by the hearing examiner from respondent R. C. Myrick, an order was issued extending to February 6, 1959, the time for the filing by respondents of their answers to the complaint. No answers having been filed by February 17, 1959, (subsequently on April 2, 1959, an answer was filed by respondent Dorothy M. Myrick) and it appearing that there would be no contest. of the proceeding, an order was issued by the hearing examiner on that date postponing the initial hearing to March 17, 1959, and changing the place of hearing from Chicago, Illinois, to Washington, D.C. Service of this notice, however, was. not obtained upon respondent R. C. Myrick, and on March 6, 1959, a further order was issued by the hearing examiner postponing the initial hearing to April 21, 1959. Again there was a failure to obtain service upon respondent R. C. Myrick, and a further order was issued by the hearing examiner on April 17, 1959, cancelling the initial hearing, subject to its being reset at any time in the future upon ten days’ notice.
In summary, it appears that except for the complaint itself it has not been possible to obtain service of any of the notices of hearing upon respondent R. C. Myrick, although efforts to obtain service have been made not only by registered mail but also by the Commission’s Bureau of Investigation.
Apparently respondent R. C. Myrick, who is the principal respondent in the proceeding, has discontinued his business operations, and respondent Dorothy M. Myrick, who seems to have been only an emplovee in the business, is now employed by another business concern. Even if service could be obtained upon respondent R. C. Myrick, it appears very doubtful that there is any longer any public interest in the proceeding.
ORDER It is therefore ordered, That the complaint be, and it hereby is, dismissed, without prejudice to the right of the Commission to take such further action in the matter in the future as may be warranted by the then existing circumstances.
DECISION OF THE COMMISSION Pursuant to Section 8.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 26th day of September, 1959, become the decision of the Commission. SOUTHWEST BUSINESS SERVICE 353 Decision