Donald E. Alderman

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

In THE MatTTer oF DONALD E. ALDERMAN ET AL. TRADING AS NATIONAL MENU COMPANY ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7412. Complaint, Feb. 16, 1959—Decision, Nov. 17, 1959 Order dismissing without prejudice, complaint charging three Tinois individuals—whose present whereabouts was unknown—vwith collecting advance 599869—62 34 Decision 56 F.T.C.

fees for restaurant menu advertising and then failing to deliver the menus at all or making delivery much later than promised. Mr. Berryman Davis for the Commission.

Respondents not represented by counsel.

Initia Decision BY Everett F, Haycrarr, Heartne EXaMINEeR On May 1, 1959, the Federal Trade Commission issued its complaint against the above-named respondents charging them with violating the provisions of the Federal Trade Commission Act in connection with the offering for sale, to restaurants, restaurant supply houses and others, of menus containing advertisements of supply houses which respondents agree to have printed and thereafter furnish to owners and operators of restaurants and other types of eating places. On June 25, 1959, the hearing examiner issued an Initial Decision in which he accepted an agreement containing a consent order to cease and desist entered into by the respondents and counsel supporting the complaint, and ordered respondents to cease and desist from various acts and practices. By an order issued July 24, 1959, the Commission vacated and set aside this Initial Decision and ordered a remand of the case to the hearing examiner for further proceedings.

On September 22, 1959 counsel supporting the complaint filed a motion to dismiss the complaint without prejudice stating that on July 28, 1959, he was notified by the Assistant Secretary for Legal and Public Records that the Initial Decision could not be served by registered mail, and on August 14, 1959, he was notified that the aforesaid order of the Commission similarly could not be served. In view of the foregoing it is believed that the public interest does not warrant the expenditure of further time, effort and public funds in attempting to locate the respondents. Accordingly, It is ordered, That the complaint herein be, and the same 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 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner did on the 17th day of November, 1959, become the decision of the Commission. UTICA CUTLERY CO. ET AL. 509 Decision