Harbor Banana Distributors, Inc
Volume 86 · 86 F.T.C. 1193
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Harbor Banana Distributors, Inc, 86 F.T.C. 1193 (1975). Consumer Law Library, https://consumerlawlibrary.org/decisions/v086-0145
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IN THr; MATTER OF HARBOR BANANA DISTRIBUTORS, INC.
Docket fl795. Order, Nov. 24, 1975 Time for complying with divestiture order extended until Jan. 28, 1976. Appearances For the Commission: Owen N. Johnson, Jr. For the respondents: Bernard Marcus, Deutsch, Kerrgan Stiles New Orleans, La.
ORDER EXTENDING TIME FOR COMPLIANCE WITH COMMISSION ORDER On Oct. 6, 1975, respondent Harbor Banana Distributors, Inc. (hereinafter "Harbor ) fied with the Secretary of the Commission a document entitled: "Harbor s Petition To Reopen the Order of the Federal Trade Commission Served on ,January 28, 1975." This petition ROught a six-month extension of time from July 28, 1975, to Jan. 28 1976, within which to comply with the order of the Commission that Harbor divest the acquired assets of Charles C. McCann Co. and Tradewinds Produce, Inc. Harbor was required to divest the subject assets by .July 28, 1975, pursuant to Paragraph 11 of the Commission modified order, which issued on ,Jan. 3 1975/85 F. C. 7). A petition for reopening and modification pursuant to Section 72(b)(2) of the Commission s rules is not an appropriate procedure to apply to the Commission for an extension of time within which to comply with a Commission order. Rather, respondent should have sought an extension of time pursuant to Section 4.3(b), and should have made application prior to June 28, 1975, when the time previously granted expired. The Commission notes, however, that respondent' application for an extension of time is supported by a substantial showing of good faith efforts to comply with the Commission s order and is endorsed by the Bureau of Competition. In these circumstances the Commission has determined to grant the requested extension. Therefore It is ordered That respondent, Harbor Banana Distributors, Jne. may have until Jan. 28, 1976, to comply with the order of the Commission entered on Jan. :3, 1975, requiring that said respondent divest the acquired assets of Charles C. McCann Co. and Tradewinds Produce, Inc., and other relief.
Ordcr H6 Ic T.C.