C. H. Stuart & Co., Inc.

Volume 56 · 56 F.T.C. 715

Citation: 56 F.T.C. 715
Docket: 6634
Decision: 1960-01-07
Document type: modifying order
Case type: consumer protection
Statutes: FTC Act (section 5)
Industry: nursery stock
Outcome: modified
Relief: cease_and_desist; compliance_reporting
Commission counsel: Jerome Garfinkel and Mr. J.J. McNally
Respondent counsel: McGillen, Ji.. of Washington, D.C
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Cite this decision

C. H. Stuart & Co., Inc., 56 F.T.C. 715 (1960). Consumer Law Library, https://consumerlawlibrary.org/decisions/v056-0154

Report an error in this record (decision id v056-0154)

Order status: modified (still in effect) Commission order action. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

58 F.T.C. 1127 — I N THE 1\1.-\ TTER OF RICHARD C. PRATT, IKC., DOnfG I3l:SIKESS AS PRATT Fl:RXI'TRE COMP A Y ET AL cited_neutral

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

In tue MatTver OF C. H. STUART & CO., INC., ET AL.

MODIFIED ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6634. Modified order, Jan. 7, 1960 =9 Order further modifying desist order of June 7, 1957 (58 F.T.C. 1127 at 1131) by adding “unless such is the fact’ to subparagraph (1) (i). Mr. Jerome Garfinkel and Mr. J.J. McNally for the Commission, Wright & Livingston, of Newark, N.Y.; Harter. Calhoun, Lishman & Williams, of Washington, D.C.; and Mfr. Clarence A. McGillen, Ji.. of Washington, D.C., for respondents. ORDER GRANTING RESPONDENTS’ MOTION TO MODIFY ORDER TO CEASE AND DESIST This matter having been heard upon the respondents’ amended motion to further modify the outstanding order to cease and desist herein; and It. appearing from the motion and from the evidence adduced at. a hearing conducted pursuant to the Commission’s order of May 19, 1959. reopening the proceeding and referring the case to a hearing examiner, that conditions of fact have so changed as to require the modification requested :

It is ordered. That the amended motion of respondents be, and it hereby is, granted.

It is further ordered, That the order to cease and desist be, and it hereby is, further modified by adding to subparagraph (1) (1) thereof the words “tnless such is the fact.” said subparagraph to read as follows:

(1) The nursery stock received by the customer which fails to grow or bloom will be replaced without expense to the customer, unless such is the fact ;”

It is further ordered. That the respondents shall, within sixty (60) days after service upon them of this order, file with the Commission Findings 56 F.T.C.

a report, in writing, setting forth in detail the manner and form in which they have complied with the order to cease and desist as so modified.