Eska Company

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

In rhe Matrer or ESKA COMPANY, ET AL.

CONSENT ORDER, ETC.. IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7586. Complaint, July 18, 1959—Decision, Feb. 13. 1960 Consent order requiring Dubuque, Iowa, distributors of power mowers to cease fictitious pricing of their products by such practices as stamping excessive price figures on the cartons in which the mowers were shipped and furnishing price lists to their retail customers with suggested selling prices, represented thereby as the usual retail prices. Mr. Harry E. Middleton, Jr., for the Commission. Mr. Edward A. McDermott, of O'Connor, Thomas, McDermott & Wright, of Dubuque, Iowa, for respondents. Inxrriau Dects1on py Loren H. Lavesuin, Hearing Examiner Vhe Federal Trade Commission (sometimes also hereinafter referred to as the Commission) issued its complaint herein on July 18, 1959, charging the above-named respondents with having violated the provisions of the Federal Trade Commission Act in certain particulars.

On December 16, 1959, there was submitted to the undersigned hearing examiner of the Commission for his consideration and approval an “Agreement Containing Consent Order To Cease And Desist,” which had been entered into by and between respondents and the attorneys for both parties, under date of December 11, 1959, subject to the approval of the Bureau of Litigation of the Commission, which had subsequently duly approved the same. On due consideration of such agreement. the hearing examiner finds that said agreement, both m form and in content, is in accord with §3.25 of the Commission’s Rules of Practice for Adjudicative Proceedings, and that by said agreement the parties have specifically -agreed to the following matters:

1. Eska Company is a corporation existing and doing business under and by virtue of the laws of the State of Jowa with its office and principal place of business Jocated at 100 W. 2nd Street. Dubuque, Towa.

ESKA CO., ET AL. 909 908 Decision The individual respondents, L. D. Kascel and Janet Kascel, are officers of the corporate respondent and have their office and principal place of business at the same address as the corporate respondent.

2. Respondents acmit all the jurisdictional facts alleged in the complaint and agree that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations.

38. This agreement disposes of all of this proceeding as to all parties.

4, Respondents waive:

(a) Any further procedural steps before the hearing examiner and the Commission ;

(b) The making of findings of fact. or conclusions ef law; and (c) All of the mghts they may have to challenge or contest the validity of the order to cease and desist. entered in accordance with this agreement.

5. The record on which the mitial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement.

6. This agreement shall not become a part. of the official record ss and until it becomes a part of the decision of the Commission.

7. This sgreement is for settlement purposes only and does not constitute an adynission by respondents that they have violated the law as alleged in the complaint.

8. The following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondents. When so entered it shall have the same force and effect as if entered after a full hearing. It may be altered, modified or set aside in the manner previded for other orders. The complaint may he used in construing the terms of the order. Upon due consideration of the complaint filed herein and the said “Aoreement Containing Consent Order To Cease And Desist.” the latter is hereby approved, tiecepted and ordered filed, the same not io become a part of the record herein, however, unless and until it hecomes a part of the decision of the Conimission. The hearing examiner finds from the complaint and the said “Acreement Containing Consent Order To Cease And Desist” that the Commission has jurisdiction of the subject-matter of this proceeding and of each of the respondents herein: that the complaint states a legal cause for’ complaint under the Federal Trade Commission Act against each of the respondents both generally and in each of the Decision 5G ELTA.

particulars alleged therein; that this proceeding is in the interest of the public; that the following order as proposed in said agreement is appropriate for the just disposition of all of the issues in this proceeding as to all of the parties hereto; and that said order therefore should be, and hereby is, entered as follows: ORDER It is ordered, That the respondents Eska Company, a corporation, and its officers, and L. D. Kaseel and Janet Wascel. individually and as officers of said corporation, and respondents’ agents, representatives and employees, directly or through anv corporate or other device, in connection with the offering for sale, sale or distribution of power lawn mowers or any other products, in commerce, as “commerce” js defined in the Federal Trade Commission Act, do forthwith cease and desist from:

j. Representing, by marking prices on the cartons in which their power mowers or other products, are packaged, by preticketing such products, or in any other manner, that certain amounts are the usual and regular retail prices of their products. when such amounts are in excess of the prices at which their products are usually and regularly sold at retail in the trade area or areas where the representations are made;

2. Representing, by furnishing price lists to their customers setting out suggested retail prices of their power mowers or other products, that certain amounts are the usual and regular retail prices of their products, when such amounts are in excess of the prices at which such products are usually and regularly sold at retail in the trade area or areas where the representations are made: 3. Putting into operation any plan whereby retailers or others may misrepresent the regular and usual retail prices of respondents’ products.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission's Rules of Practice, the initial decision of the hearing examiner did, on the 18th day of February, 1960, become the decision of the Commission: and, accordingly:

Tt is ordered. That the above-named respondents shall, within sixty (60) days after service upon them of this order. file with the Commission a report in writing, setting forth in detail] the manner and form in which they have complied with the order to cease and desist.

TEACHERS COOPERATIVE ASSN. ET AL. ee Decision