Cole Steel Equipment Co., Inc.

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IN THE MATTER OF COLE STEEL EQUIPMENT CO., INC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7127. Complaint, Apr. 1958-Decision, Oct. , 1958 Consent order requiring manufacturers of steel filing cabinets, with principal place of business in New York City, to cease representing falsely in catalogs and insert sheets furnished to their distributors that certain of their said filing cabinets were used in U.S. Government offices for the protection and preservation of secret and confidential documents and were suitable for such use by the Government and private industry. MT. F1'edeT'ick McNlanus for the Commission. Walzer Walze1' of New York, N. , by NIT. Martin J. Walze'J' for respondent.

INITIAL DECISION BY EARL J. KOLB, HEARING EXAMINER The complaint in this proceeding issued April 18, 1958, charges the respondent Cole Steel Equipment Co. Inc. , a corporation, located at 415 Madison Avenue, New York, N. , with violation of the provisions of the Federal Trade Commission Act in the manufacture, sale and distribution of steel filing cabinets. After the issuance of the complaint, said respondent entered into an agreement containing consent order to cease and desist with counsel in support of the complaint, disposing of all the issues in this proceeding, which agreement '\vas duly approved the director and assistant director of the Bureau of Litigation. I t was expressly provided in said agreement that the signing thereof is for settlement purposes only and does not constitute an admission by said respondent that it has violated the law as alleged in the complaint.

By the terms of said agreement, the said respondent admitted all the jurisdictional facts alleged in the complaint and agreed that the record herein may be taken as if the Commission had made findings of jurisdictional facts in accordance with the allegations.

By said agreement, the parties expressly 'waived any further procedural steps before the hearing examiner and the Commission; the making of findings of fact or conclusions of law; and all the rights they may have to challenge or contest the validity Decision 55 F.

of the order to cease and desist entered in accordance .with the agreement.

Respondents further agreed that the order to cease and desist issued in accordance with said agreement, shall have the same force and effect as if made after a full hearing. It was further provided that said agreement, together with the complaint, shall constitute the entire record herein; that the complaint herein may be used in construing the terms of the order issued pursuant to said agreement; and that said order may altered, modified or set aside in the manner prescribed by the statute for orders of the Commission.

The hearing examiner has considered such agreement and the order therein contained, anel, it appearing that said agreement and order provides for an appropriate disposition of this proceeding, the same is hereby accepted and is ordered filed upon becoming part of the Commission s decision in accordance with ~3.21 and S3.25 of the Rules of Practice, and, in consonance \with the terms of said agreement, the hearing examiner finds that the Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent named herein, that this proceeding is in the interest of the public, and issues the following order:

ORDER It is ordered That the respondent Cole Steel Equipment Co. Inc., a corporation, and its officers, and its representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of steel filing cabinets in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith C2ase and desist from representing, directly or by implication, that any of its steel filing cabinets are used by the United States Government, or any of its offices, for the protection or preservation of secret or confidential documents or any of its steel filing cabinets are suitable for use for such purposes by the United States Government, or private industry, unless such is the fact. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Con1mission s Rules of Practice, the initial decision of the hearing examiner shall, on the 3d day of COLE STEEL EQUIPMENT CO. INC. 507 505 Decision October 1958, become the decision of the Commission; and, accordingly:

It is onlered That respondent Cole Steel Equipment Co. , Inc., a corporation, shall, within sixty (60) days after service upon it of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which it has complied with the order to cease and desist. Decision 55 F.