In the Matter of the Complaint Against MORRIS D. ARMSTRONG SOCIETY, M. D. ARMSTRONG SOCIETY, and M. D. ARMSTRONG SOCIETY OF PROFESSIONAL BORROWERS P. O. Box 17086 at Philadelphia, Pennsylvania 19105 and 2513 West Master Street at Philadelphia, Pennsylvania 19121 and 1121 East Mount Airy Avenue at Philadelphia, Pennsylvania 19150 P.S. Docket No. 3/150; APPEARANCES: H. Richard Hefner, Esq. Law Department United States Postal Service Washington, D.C. 20260 for Complainant Mr. Morris D. Armstrong Post Office Box 17086 Philadelphia, Pennsylvania 19105 for Respondent
The subject case is before the undersigned on appeal from the Initial Decision of Chief Administrative Law Judge William A. Duvall concluding that Respondent was in violation of Title 39, United States Code, Section 3005. At an earlier stage of the case an order had been issued under that statute based upon the fact that the record contained no evidence that Respondent filed an answer to the Complaint in this case. However, upon receipt of a letter from Respondent attaching a copy of an answer it pleaded had been timely mailed, this order was modified to provide for temporary suspension, rather than return to senders, of Respondent's mail pending a hearing on the merits. The hearing was held on April 22, 1975, and Judge Duvall's decision followed.
Respondent's letter of appeal raises new allegations of certain changes in its program which are unsupported in the record. If anything the record negates these alleged changes. Not only are these allegations late and lacking in evidentiary support but there is no basis to believe that they would require a different result in this case. Judge Duvall's findings and conclusions are amply supported by the record and must be upheld. Accordingly, the temporary suspension on April 1, 1975, of Order No. 75-30 is hereby vacated and that order will now go into full effect.
06/19/75
Lussier, Edward F.