The Universal Carpet Distributing Co., Inc.

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

IN THE l\IA TTER OF TI-IE UNIVERSAL CARPET DISTRIBUTING CO., INC. ET AL.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 76-45. Complaint, Nov. 1959-Decision, Sept. 14, 1960 Order dismissing complaint charging Baltimore dealers-now out of businesswith using bait advertising, fictitious pricing, deceptive guarantee claims. and other misrepresentations to sell floor carpeting. 640968-63- 610 FEDERAL TRADE CO~IMISSION DECISIONS Decision 57 F.

111 r. De Witt T. Pucleett for the Commission. No appearance for respondents.

INITIAL DECISION BY ",VILLIA)I L. PACK, I-IEARING ExAl\HNER This matter is before the hearing examiner upon a motion of Commission counsel to dismiss the complaint. The complaint was issued on November 2, 1959. No answer has been filed by any of the respondents~ nor has any appearance been entered for any respondent by counsel.

It appears that on July 20 , 1959, the corporate respondent executed a deed of trust for the benefit of creditors, and that on July : 1959, the trustee named in the deed of trust petitioned the court for ftuthority to sell the corporation assets. This petition was granted and subsequently the corporate assets were sold at public auction. The corporation is no longer in business, and it seems reasona ble to assume that none of the individual respondents are any longer engaged in the business operations which formed the subject of the Commission s complaint.

It also appears that none of the respondents has ever been served with a copy of the complaint. All mail addressed to the respondents at their former place of business, including copies of the complaint, has been delivered onlv to the trustee referred to above. In the circumstances it appears that the view of Commission counsel that no use.ful purpose would be served by proceeding further in the cafe is well taken. The dismissal of the complaint should, however, in the hearing examiner s opinion, be without prejudice to the right of the Commission to take further action in the matter in the future should that course appear to be necessary. ORDER It is therefore ordered That the complaint be, and it hereby is dismissed, "without prejudice to the right of the Commission to take nny further action in the matter in the future which may be warranted by the then existing circumstances. DECISION OF THE COl\:IMISSION Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shall, on the 14th day of September 1960, become the decision of the Commission. SOUTHWESTERN WAREHOUSE DISTRIBUTORS, INC., ET AL. 611 Complaint