United States Postal Service(TM)


 In the Matter of the Complaint Against

 QUALITY PRODUCTS, INC.
 P. O. Box 9726 at
 Fort Lauderdale, FL 33310

 P.S. Docket No. 10/45;
 
 11/02/81
 
 Cohen, James A.

 APPEARANCE FOR COMPLAINANT:
 Thomas A.Ziebarth, Esq.
 Ben A. Kilgrow, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260

 APPEARANCE FOR RESPONDENT:
 David H. Vogel
 1323 SE 17th Street, #406
 Ft. Lauderdale, FL 33316


POSTAL SERVICE DECISION

ON BREACH OF CONSENT AGREEMENT

On September 29, 1981, Complainant filed a "Petition for Order Based upon Breach of Consent Agreement" in which it alleges that Respondent has breached the terms of a Consent Agreement executed by David H. Vogel on March 3, 1981. Complainant contends that Respondent has resumed the activities which it agreed in the Consent Agreement to discontinue. The names and addresses under which Complainant contends Respondent conducts the resumed activities which constitute a breach of the Consent Agreement are:

NATIONWIDE INDUSTRIES, INC.

P. O. Box 8601

Pembroke Pines, FL 33024

GRAYBAR CHEMICALS, INC.

P. O. Box 15751

Plantation, FL 33317

In its Petition, Complainant sought the issuance of a temporary detention order against the above names and addresses. On the basis of information attached to the Petition, a temporary detention order was issued on October 1, 1981. The Order authorizing the temporary detention of Respondent's mail granted Respondent a period o 10 days in which to file a reply to Complainant's Petition. No reply has been filed by Respondent. In the absence of a reply, the allegations of the Petition are deemed to be admitted.

Complainant has made a prima facie showing that Respondent has breached the Consent Agreement in the manner alleged in the Petition. Accordingly, pursuant to the terms of the Consent Agreement, an Order under 39 U.S.C. § 3005 is being issued contemporaneously with this Decision.