Tonemaster Manufacturing Company

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

In roe Matrer or TONEMASTER MANUFACTURING COMPANY ET AL.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7301. Complaint, Nov. 14, 1958—Decision, Oct. 14, 1960 Order dismissing false advertising charges against two former officials of respondent corporation, seller of hearing aids, as to which the same charges were settled by a consent order dated May 9, 1959, 55 F.T.C. 1750. Before Mr. John B, Poindexter, hearing examiner. Mr, William A. Somers for the Commission. No appearance for respondents.

Decision 57 FVT.C.

Inirrau Decision DisMisstnc COMPLAINT AS TO CERTAIN RESPONDENTS On March 20, 1959, the undersigned hearing examiner issued an Initial Decision in this proceeding as to the respondents Tonemaster Manufacturing Company, a corporation, Paul B. H. Smith, and Margaret H. Smith, individually and as officers of said corporation, based upon a consent agreement executed ‘by said corporation, Paul B: H. Smith, and Margaret H. Smith, individually and as officers of said corporation, and counsel supporting the complaint. It was contemplated that the proceeding with respect to the remaining. respondents Harold A. Lyons and John L. Lyons would be disposed of by a separate Initial Decision. Counsel supporting the complaint has- now filed a motion requesting that the complaint be dismissed as to the respondents Harold A. Lyons and John L. Lyons, individually and as officers of the corporate respondent. As grounds for the motion counsel states, among other things, that neither respondent Harold A. Lyons nor John L. Lyons was served with a copy of the complaint and, although counsel has made diligent inquiry as to the whereabouts, activities, and: present addresses of said remaining respondents Harold A. Lyons and John L. Lyons, he has been unable to ascertain the same; that neither Harold A. Lyons nor John L. Lyons had any interest in, was not an officer of, was not. employed in any capacity by, nor had office space in or with the corporate respondent Tonemaster Manufacturing. Company eight months prior to the issuance of the complaint herein, as shown by the affidavit of Paul B. H. Smith, one of the respondents herein. and President of said corporate respondent. This affidavit was attached to the motion to dismiss. Upon consideration of said motion and the affidavit attached thereto, the hearing examiner is of the opinion that it will be in the public interest to dismiss the complaint with respect to the abovenamed remaining respondents. Accordingly, It is ordered, That the complaint in this proceeding be, and the same hereby is, dismissed as to the respondents Harold A. Lyons and John L. Lyons, individually and as officers of respondent Tonemaster Manufacturing Company, a corporation, without prejudice to any action the Commission may take in the future 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 as to respondents Harold A. Lyons and John L. Lyons did, on the 14th day of October 1960, become the decision of the Commission. SCEPTER MUSIC, INC., ET AL. 887 Complaint