Appeal of P.S. Docket No. 7/134 -- GANT SYSTEM Exclusive Information Publishers and E.I.P.


 In the Matter of the Complaint Against

 GANT SYSTEM Exclusive Information Publishers
 2200 Brownsville Road at
 Pittsburgh, PA 15210

 and

 E.I.P. Plaza Canton, OH 44767

 P.S. Docket No. 7/134;  
 
 04/08/80
 
 Cohen, James A.

POSTAL SERVICE DECISION

ON PETITION FOR SUPPLEMENTAL ORDER

Mail Stop Order No. 80-11, was issued on February 8, 1980, against Gant System, Exclusive Information Publishers, 2200 Brownsville Road, Pittsburgh, PA 15210. At the request of Respondent which was concurred in by Complainant, Supplement A to the order was issued which stayed the return portion of the Mail Stop Order for a 15-day period to allow the parties to enter into a Consent Agreement. Upon expiration of the 15-day period the Mail Stop Order was to be placed in full force and effect. The 15-day period expired without a Consent Agreement having been filed.

Complainant filed a "Petition to Amend Pleadings and Orders or, in the Alternative, for a Supplemental Order" on February 15, 1980, alleging that Respondent makes the same representations for the same product and seek remittances of money to Gant System, Exclusive Information Publishers, E.I.P. Plaza, Canton, Ohio 44767. By order dated February 19, 1980, the parties were notified that Complainant's Petition would be treated as a Petition for Supplemental Order under 39 CFR § 952.30, and Respondent was granted a period of 10 days in which to reply to the Petition.

On March 10, 1980, Complainant filed a Motion to Amend the Petition by adding to the Petition an affidavit and exhibits. By order dated March 12, 1980, Respondent was granted a period of 10 days in which to file a response to the Motion to Amend the Petition.

As of the date of this order Respondent has not filed a reply to the Petition or the Motion to Amend Petition.

A review of the Petition and the amendment thereto establishes that Respondent is evading or attempting to evade the provisions of Mail Stop Order No. 80-11 by conducting the same or a similar enterprise at a different address. Accordingly, the petition for Supplemental Order is granted and a Supplementary Mail Stop Order against Respondent at the address alleged in the petition is being issued contemporaneously with this decision.