Abraham Sturisky

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

IN THE l\fatter OF ABRAHAl\l STURISKY ET AL. TRADING AS ALLlS0N~ 00. ET AL.

CONSENT ORDER , ETC., IN REGARD TO 'II-IE ALLEGED nOLATION OF THE FEDERAL TRADE COl\DIISSlON ACT Docket 7011. Com.plaint, Dcc. 30, l!I;j"i'- LJceisio//' III/" (j, 1!1,j,'i Con~ent ordel' requiring distributors in Brooklyn, ::\1, , engaged in selling wholeRalel's and jobbers assortments of candy and toys of varying value packed in identical small packages so that the ultimate purchaser could not Inlow what he paid for until after a purchase was made and the package broken open, to cease distributing assortments of lllerehnn(lise designed or intended to be sold to the lmrchilsing public by lottery Or chance. John TV. Brookfield, Jr. Esq., for the Commission. INITIAL DECISION BY JAMES A. PURCELL, l-IEAlUNG EXAMINER The complaint in this proceeding, issued December 30, 1957, charges the respondents Abraham Sturisky and Seymour Feldman, individuals and copartners trading as Allison s Co., and I-Iarry V. Schechter, an individual trading as H.Y. Schechter Sales Assoc.iates, with violation of the Federal Trade Commission Act in connection ,,-ith the offering 1'or sale, sale and distribution of candy and toy assortments or other merchandise so packed and assembled as to involve the use of a lottery scheme ,,-hen sold and distributed to the consuming public. After the issuance of said complaint respondent Harry V. Schechter on Febnwry 12, 1958, and respondents Abraham Sturisky and Seymour Feldman, on February 27 1958, entered into separate agreelTwnts for consent order ,with counsel in support of the complaint, disposing of all of the issues in this proceeding, which agreements were duly approyed by the Director and Assistant Director of the Bureau of Litigation of the Federal Trade Commission. Said agreements are substantially the same in all material respects, having been separately executed for the convenience of the parties respondent for which reason they ",ill be considered as original counterparts for the purposes of this proceeding.

By the terms of said agreements, the respondents admitted all of the jurisdict.ional allegations of the complaint and agreed that the recorel herein may be taken as t hongh the Commjssion had made findings of jurisdictional facts in accordance ,,"ith such allegations. Decision 54 F.

By said agreements the parties expressly waived a hearing before the hearing examiner or the Commission, the making of findings of fact or conclusions of law by the hearing- examiner or the Commission, the filing of exceptions and oral argument before the Commission, and all further and other procedure before the hearing examiner and the Commission to which the respondents may otherwise be entitled under the Federal Trade Commission Act or the rules of practice of the Commission.

By said agreements, respondents further agreed that the order to cease and desist issued in accordanee with said agreements shall have the same force and effect as though made after full hearing, presentation of evidence and findings and conclusions thereon, and specifically waived any and all right, pmyer or privilege to cha.llenge or contest the validity of such order.

It was further provided that said agreements, together with the complaint, as amended, shall constitute the entire record herein; that the compla.int herein, as amended, may be used in construing the terms of the order issued pursuant to said agreements; a.nd that the said order may be altered, modified or set aside in the manner provided by statute for other orders of the Commission. Said agreements recite that respondent Harry V. Schechter is an individual trading and doing business as H. V. Schechter Sales Associates, with his oflice and principal place of business loeat~d at 165 East 19th Street, in the city of Brooklyn, N.Y.; and that respondents Abraham Sturisky and Seymour Feldman are individuals and eopartners trading as Allison s Co., with their ofliee and principal place of business located at 470 Alabama Avenue, in the city of Brooklyn, N.

The hearing examiner has considered such agreements and the orders therein contained, and, it appearing that such provide for an appropriate disposition of this proceeding, the same are hereby accepted and, without further notice to respondents, are ordered filed upon becoming part of the Commission s deeision in aeeordance with sections 3.21 and 3.25 of the rules of practice" and in consonanee with the terms of said agreements, the hearing examiner finds t.hat the Federal Trade Commission has jurisdiction of the subject matter of his proceeding and of all the respondents named herein, and that this proceeding is in the interest of the public, wherefore, he isslles the following order, ALLISON' CO. ET AL. 1729 1727 Decision ORDER I t is ordered That respondents Harry V. Schechter, an indi vidual trading as II. V. Schechter Sales Associates, and Abraham Sturish.J' and Seymour Feldman, individuals and copartners trading as Allison Co., or under any other trade name, their agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale or sale and distribution of candy, toys, or any other articles of merchandise in commerce, as "commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist frolll:

1. Selling or distributing, to jobbers or other'dealers, candy and toys, or other merchandise, so packed and assembled that the sales of such candy, toys, or other merchandise to the general public are to be made, or are intended or desigl1ed to be made, by means of a lottery, gaming device or gift enterprise.

2. Selling or distributing any assortments of candy, toys, 01' other merchandise, which are designed or intended to be used in the distribution of merchandise to the public by lottery 01' chance. 3. Selling or otherwise disposing of any merchandise by metU\s of a. game of chance, gift enterprise 01' lottery scheme. DECISION OF THE cO~Il\IISSION AND order TO FILE Import OF CO::.\IPLL-\:NCE Pursuant to section 3.21 of the Commission s Rules of Practice, the initia.1 decision of the hearing examiner shall, on the 6th day of .J nne 1958, become the decision of the Commission; find, flcc.ordingly: It is onlered Th,at the respondents herein shall, ,,'within sixty (60) cbys 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. ,, Decision 54 F.