Appeal of P.S. Docket No. 9/65 -- KIMBERLY JEWELS, INC.

 In the Matter of the Complaint Against

 KIMBERLY JEWELS, INC.
 177 N.E. 166th Street
 and 251 N.E. 166th Street
 at Miami, FL 33162

 P.S. Docket No. 9/65;  

 07/16/82

 Cohen, James A.  

 APPEARANCE FOR COMPLAINANT:
 Anne Gallant, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260

 APPEARANCE FOR RESPONDENT:
 Stephen H. Broudy, Esq.
 Entin, Schwartz, Angert, Dion & Broudy
 2020 N.E. 163rd Street Suite 300
 North Miami Beach, FL 33162

POSTAL SERVICE DECISION ON MOTIONS TO REVOKE SUPPLEMENTS TO FALSE REPRESENTATION ORDERS

Complainant has filed two motions requesting revocation of Supplements to two different False Representation Orders issued in this case. Both Supplements stay the portion of the False Representation Orders which requires the return of mail to senders and advice to remitters of postal money orders about refunds. Each motion is separately considered.

Motion to Revoke Supplement A to
False Representation Order No. 81-252

Complainant's motion of June 11, 1982, requests that Supplement A to False Representation Order No. 81-252 be revoked inasmuch as a Federal District Court decision has been issued upholding the Postal Service Decision on Petition for Supplemental Order dated December 10, 1981. Respondent opposes the revocation of the Supplement on the grounds that the matter is presently on appeal before the Court of Appeal sfor the Eleventh Circuit.

While the matter is on appeal the Supplement will remain in effect. The continuation of the stay of the return portion of the False Representation Order during the pendency of judicial review maintains the proper balance between the interests of the parties and the public. Accordingly, Complainant's motion to revoke Supplement A to False Representation Order No. 81-252 is denied at this time.

Motion to Revoke Supplement A to
False Representation Order No. 81-148

Complainant requests that Supplement A to False Representation Order No. 81-148 be revoked on the grounds that a Federal District Court decision upholding the Postal Service Decision of July 23, 1981, has been issued and an appeal to the Court of Appeals has not been filed. Respondent was given an opportunity to show cause why the Supplement should not be revoked. Respondent has not shown such cause. Accordingly, Complainant's motion is granted and Supplement A to False Representation Order No. 81-148 is revoked.