Charles Ford and Associates of the West, Inc.

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In tue Marrer or CHARLES FORD AND ASSOCIATES OF THE WEST, INC., ET AL.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF ‘THF FEDERAL TRADE COMMISSION ACT Docket 7448. Complaint, Mar. 17, 1959—Decision, Oct. 28, 1959 Order dismissing—for the reason that corporate respondents had ceased activities prior to issuance of the complaint, and orders issued against individual respondents in another proceeding would adequately protect the public interest—complaint charging two Los Angeles sellers of real estate advertising with obtaining advance fees from would-be property sellers through deception.

Mr. John W. Brookfield, Jr., for the Commission. Mr. Maxwell E. Greenberg, of Los Angeles, Calif., for respondents.

Inrriau Decision py ABNER E. Lirscomp, Hearing EXAMINER The complaint herein was issued on March 17, 1959, charging Respondents with violation of the Federal Trade Commission Act by the use in newspapers and other advertising media of false, misleading and deceptive statements and representations in connection with their business of soliciting the listing for sale and advertising of real estate and other properties in commerce, and other services and facilities connected therewith.

Thereafter, on August 24, 1959, counsel supporting the complaint submitted a Motion To Dismiss Complaint, requesting that the com- CHARLES FORD & ASSOCIATES OF THE WEST, INC., ET AL. 465 464 Decision plaint herein be dismissed without prejudice, and stating his reasons therefor as follows:

‘“(1) Respondents have filed an affidavit, signed by all three individual respondents, showing that respondent corporation Charles Ford and Associates of the West, Inc., owned by the three individual respondents, was transferred to a Delaware corporation Charles Ford and Associates, Inc., also owned by said individual respondents, which transfer was effected April 1, 1956 * * *, and that thereafter no business was transacted by said corporation _ Charles Ford and Associates of the West, Inc. Said corporation's charter was voided, for nonpayment of taxes for two years, by the State of Delaware on April 1, 1959 * * *. “(2) The corporation Charles Ford and Associates, Inc., a Delaware corporation, on March 14, 1957, by amendment to its Articles of Incorporation, changed its name to Business Mart of America, Inc. On January 27, 1958, Business Mart of America, Inc., entered into an agreement with the Real Estate Commissioner of the State of California to cease doing business in California and eight other western states, and ceased its activities entirely by July 1958. Business Mart of America, Inc. filed its Certificate of Dissolution with the Office of the Secretary of the State of Delaware on September 92,1958 * * * Counsel supporting the complaint states that all of the abovedescribed events occurred prior to the issuance of the complaint herein on March 17, 1959. He further states that the order issued against the three individual Respondents named herein In the Matter of Lenders Service Corporation, et al., Docket No. 7449, in which they are also named Respondents, will protect. the public interest to the extent that no further proceedings in the instant matter are necessary.

The hearing examiner agrees with counsel supporting the complaint that there is no public interest in the further prosecution of the complaint herein. Accordingly, lt is ordered, That the complaint herein be, and the same hereby is, dismissed without prejudice to the right of the Commission to take such further action against respondents as future 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 shall, on the 28th day of October, 1959, become the decision of the Commission. Decision 56 Y.T.C.