In the Matter of the Complaint Against ATHENA PRODUCTS, LTD., et al Box 81371 at Atlanta, GA 30366 etc. P.S. Docket No. 10/127; 09/08/82 Cohen, James A. APPEARANCE FOR COMPLAINANT: Anne Gallant, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260 APPEARANCE FOR RESPONDENT: Tom B. Benham, Esq. Benham & Cohen 380 Interstate North Suite 180 Atlanta, GA 30339
Respondent has filed an "Application for Modification of Order" in which it requests that the 3176 Marjan Drive address be deleted from the coverage of False Representation Order No. 81-166, issued August 4, 1981. By Order dated August 23, 1982, Complainant was granted 10 days from receipt of the Order in which to file a reply. The Order was transmitted to Complainant on August 23, 1982, and presumed to have been received by Complainant no later than August 24, 1982. Thus, the reply was to be filed on or before September 3, 1982. No reply was filed. On September 7, 1982, Complainant filed a motion for an extension of time in which to file a reply. Complainant's motion was not timely filed.
Respondent's unrebutted allegations establish that it does not presently, nor has it since the issuance of False Representation Order No. 81-166 on August 4, 1981, advertise any product seeking the remittance of monies through the mail to 3176 Marjan Drive, Atlanta, Georgia 30340. Accordingly, False Representation Order No. 81-166 is modified to delete the 3176 Marjan Drive address from the coverage of the Order.