United States Postal Service(TM)



 In the Matter of the Complaint Against

 GREENLAND BOOKS a/k/a GIFT HOUSE BOOKS,
 4500 N.W. 135th Street at
 Miami, Florida 33054

 P.S. Docket No. 1/185

 January 23, 1974

 Rudolf Sobernheim Administrative Law Judge

 APPEARANCES:
 James J. Robertson, Esq.
 Consumer Protection Office
 Law Department U.S. Postal Service
 Washington, D.C. 20260 Counsel for Complainant

 Richard B. Klarberg, Esq. 
 Javits & Javits
 1345 Avenue of the Americas
 New York, New York 10019 Counsel for Respondent

INITIAL DECISION

This is a proceeding against Respondent under 39 U.S.C. 3005 in which Complainant alleges that Respondent is engaged in a scheme or device for obtaining money or property through the mails by means of false representations, to wit: the mail order selling of the book of Sidney Petrie, "The Miracle Diet for Fast Weight Loss" by means of an advertisement (Ex. A to the Compl.) which misrepresents the content of the book.

Counsel, on 16 and 19 January 1973, respectively, executed a stipulation by which they agreed that, if Administrative Law Judge John Lewis were to determine that the advertisement for the Petrie book used by Parker Publishing Company and in issue in the Matter of the Complaint Against Parker Publishing Company , P.S. Docket No. 1/84, falsely represented the referenced publication, the representa- tions described in paragraph IV of the complaint in this proceeding should also be deemed in violation of 39 U.S.C. 3005.

Administrative Law Judge John Lewis retired from his position before rendering a decision in Parker PUblishing Company , supra . On 2 January 1974 the undersigned rendered his initial decision in that proceeding (a copy of which is attached hereto as Exhibit 1), upholding the Postal Service complaint herein and recommending the issuance of an order under 39 U.S.C. 3005 against Parker Publishing Company. It is deemed that the stipulation of the parties herein applies to the decision of the undersigned as if it had been rendered by Administrative Law Judge Lewis.

Accordingly, I find and conclude that Respondent is engaged in a scheme or device for obtaining money or property through the mails by means of false representations within the meaning of 39 U.S.C. 3005 and recommend that an order in the form attached as provided in 39 U.S.C. 3005 be issued.