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C-2668 COMMERCIAL INVESTORS, INC., ET AL
8874 CORNING GLASS WORKS
(Interlocutory order) C-2670 CUBCO, INC., ET AL
8951 DELTOWN FOODS INCORPORATED, ET AL C-2632 DUOFOLD, INC.
8826 EATON CORPORATION (Eaton Yale & Towne, Inc., and its successor in name)
878 C-262A EDUCATIONAL FINANCE CORP., ET AL
75 8908 ENCYCLOPAEDIA BRITANNICA, INC., ET AL (Interlocutory order)
894 8934 EXXON CORPORATION, ET AL (Interlocutory orders) ... 91, 404, 674,
8982 FASHION FLOORS, INC., ET AL
8932 FEDDERS CORPORATION
8937 FREIGHT LIQUIDATORS, ET AL (Steven Rizzi T/A) C-2626 FUQUA INDUSTRIES, INC., ET AL
38 130 889 414
274 .... 93
C-2638 GENERAL EDUCATIONAL SERVICES CORPORATION, ET
237 8907 GENERAL MOTORS CORPORATION, ET AL
27 C-2658 GEORGIA AGENCY COMPANY, INC., ET AL
805 C-2625 GIBRALTAR MINT, INC., ET AL
86 8989 GIFFORD-HILL & COMPANY, INC. (Interlocutory orders) ... 948, 1171 C-2675 GIMBEL BROTHERS, INC., ET AL
1102 C-2654 GRAND FURS LTD., ET AL
678 8916 GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., THE 601
C-2653 HALLBERG HOMES, INC., ET AL
8795 HARBOR BANANA DISTRIBUTORS, INC.
8834 HOLIDAY MAGIC, INC., ET AL (Interlocutory order)
9017 HORIZON CORPORATION (Interlocutory order) C-2645 HUGH MOONEY (T/A Organic Masque Co. C-2636 HYDRO-AIR ENGINEERING, INC
86 683 19
90 1021 506 229
C-2623 INSURANCE BUDGETING, INC., ET AL
9008 Interstate Investors Corporation, et al
15 10 949
C-2637 J.D. ADAMS COMPANY
8977 J.M. SANDERS (T/A J.M. Sanders Jewelry Company) C-2661 JONEL PAY PLAN, INC., ET AL
8999 JOSEPH RICHARD HORVATH (T/A Sew Rite) C-2667 JULIAN L. LEVINSON (T/A Associates Mortgage Company)
Page 250 836 1081 855
C-2631 KASSLER & CO.
8765 KENNECOTT COPPER CORPORATION (Interlocutory order) 8888 KOSCOT INTERPLANETARY, INC., ET AL (Interlocutory or
ders) .... C-2662 KUSTOM ENTERPRISES, INC., ET AL
C-2673 LIBRARY MARKETING SERVICES, INC., ET AL
8778 LITTON INDUSTRIES, INC.
8984 MARK ENTERPRISES, INC., ET AL C-2624 MARTIN INDUSTRIES, INC., ET AL
8943 MARYLAND CARPET OUTLET, INCORPORATED, ET AL
8907 McCANN-ERICKSON, INC., ET AL C-2676 McCRORY CORPORATION, ET AL C-2634 MEN'S MARKET SERVICE, INC., ET AL
8926 MILTON BRADLEY COMPANY C-2648 MIRIAM MASCHEK, INC., ET AL C-2503 MOTA-NU, INC., ET AL (Interlocutory order)
27 1109 217 953 536 74
C-2646 NATIONAL CREDIT EXCHANGE, ETC. (Robert N. Barnes
T/A) 8803 NATIONAL DYNAMICS CORPORATION, ET AL C-2671 NEW YOU, INC., ET AL, THE
520 391, 1052
C-2645 ORGANIC MASQUE CO., ET AL (Hugh Mooney T/A) .........
C-2657 PETER SCZERBINSKI (T/A Budget Service Company)
C-2640 REDMAN INDUSTRIES, INC., ET AL
8956 RELIABLE MORTGAGE CORPORATION, ET AL
4 21 519 848 866
8997 SANFORD INDUSTRIES, INC., ET AL
1076 8999 SEW RITE (Joseph Richard Horvath T/A)
1081 C-2660 SIMS FURNITURE CO., ET AL (Wendelken-Simminger and Co., T/A)
831 8981 SIR CARPET, INC., ET AL
190 C-2642 SKYLINE CORPORATION
444 8998 SOUNDTRACK CHEVELL INDUSTRIES, INC., ET AL (Interlocutory orders)
405, 794, 895 8937 STEVEN RIZZI, ET AL (T/A Freight Liquidators)
C-2649 TAX CORPORATION OF AMERICA, (MARYLAND), ET AL
8944 THEODORE STEPHEN COMPANY, INC., ET AL C-2628 TOWN FINANCE CORP., ET AL
512 874 152 138
Page 8886 TYSONS CORNER REGIONAL SHOPPING CENTER, ET AL ..... 970
531 C-2647 UNI-SERVICE CREDIT CORP., ET AL 8795 UNITED FRUIT COMPANY, ET AL (see Harbor Banana Dis
7 tributors, Inc.)
524 8821 UNIVERSAL CREDIT ACCEPTANCE CORPORATION, ET AL
C-2665 VALLEY ACCEPTANCE CORPORATION, ET AL
C-2633 W.M. BARR & COMPANY ......
8891 WARNER-LAMBERT COMPANY (Interlocutory order)
8850 WARNER-LAMBERT COMPANY (Interlocutory order) C-2638 WEAVER AIRLINE PERSONNEL SCHOOL, INC., ET AL C-2660 WENDELKEN-SIMMINGER AND CO., ET AL (T/A Sims Fur
niture Co.) 8426 ZENITH LABORATORIES, INC., ET AL. (Interlocutory order)
213 681 888 237
FEDERAL TRADE COMMISSION DECISIONS
Findings, Opinions and Orders
IN THE MATTER OF
CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF THE
FEDERAL TRADE COMMISSION ACT
Docket C-2620. Complaint, Jan. 2, 1975 - Decision, Jan. 2, 1975 Consent order requiring a Long Beach, Calif., distributor of liquid petroleum gas
(LP), among other things to notify customers prior to delivery of “increased price gas” that the price has increased; provide the customer with the applicable price schedule, and disclose that related information can be obtained from their district office.
For the Commission: David A. Middaugh.
The Federal Trade Commission, having reason to believe that Petrolane, Inc., a corporation (hereinafter respondent), has violated Section 5 of the Federal Trade Commission Act, and that a proceeding would be in the public interest, hereby issues its complaint:
PARAGRAPH 1. Respondent is a California corporation with its office located at P.O. Drawer 1410, 1600 E. Hill St., Long Beach, Calif.
PAR. 2. Respondent is a multinational company engaged in the business of, among other things, selling liquified petroleum gas (LP gas) in competition with other sellers of LP gas.
PAR. 3. Respondent ships, distributes and sells LP gas in interstate commerce to customers located in almost every state.
PAR. 4. Respondent sells LP gas to home owners and businesses, which use the gas for heating and other purposes. Such sales normally take place in the following manner. The customer and respondent contract that respondent will furnish the customer's LP gas needs. Respondent installs a storage tank and other related equipment on the customer's premises. Thereafter, respondent periodically makes deliveries of LP gas to the customer's storage tank. Respondent's deliveryman fills the tank and makes out the customer's bill, which states the number of gallons delivered and the total dollar amount charged. The bill is delivered to the customer, or, if the customer is not
present, the bill is left at his premises. The customer may either pay his bill immediately or await receipt of a formal bill mailed by respondent.
PAR. 5. From time to time respondent raises the price per gallon of LP gas delivered to its customers. Respondent does not notify its customers of price increases prior to delivery of the LP gas subject to the increase. Respondent does not, simultaneously with delivery, give notice to customers that its price has increased. Respondent does not, subsequent to delivery of increased price gas, inform customers of the increase. The customer thus has no way to discover a price increase except by (1) dividing the number of gallons delivered into the total amount billed and comparing the resultant price per gallon with the price per gallon similarly computed from prior bills, or (2) going to respondent's district office where the prices are posted.
PAR. 6. Knowledge of a price increase may affect the customer's decision as to whether to continue purchasing LP gas from respondent.
PAR. 7. The above-described conduct injures respondent's customers and competitors. Customers pay increased prices under the belief that prices have not increased and are deprived of the opportunity to compare respondent's prices with those of respondent's competitors. Respondent's competitors are deprived of those of respondent's customers who may change their LP gas supplier because of respondent's higher prices.
PAR. 8. The above-described conduct constitutes an unfair or deceptive act or practice and an unfair method of competition in violation of Section 5 of the Federal Trade Commission Act.
DECISION AND ORDER
The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Seattle Regional Office proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and
The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission's rules; and
The Commission having thereafter considered the matter and having