v056-0366s1

Text (OCR of the scan; may contain errors)

INTERLOCUTORY ORDERS, ETC. 1655

BERGER WATCH COMPANY ET AL.

Docket 6894. Order, Dec. 7, 1959 Order denying, as untimely, application to intervene by respondent in a similar proceeding, currently pending (p. 991 herein). Counsel for Sheffield Merchandise, Inc., by letter dated November 18, 1959, having made application for leave to intervene in this proceeding and, in the alternative having requested that the Commission defer its ruling on one of the charges in this proceeding until such time as it has rendered its decision in the matter of Sheffield Merchandise, Inc., Docket 6627; and It appearing that petitioner has stated as grounds for such application and request that the same issue is involved in both cases and that a decision on the merits thereof could more appropriately be made in the matter of Sheffield Merchandise, Inc.; and It further appearing that both cases are now before the Commission for decision and that petitioner’s application for leave to intervene is, therefore, untimely; and The Commission being of the opinion that since each of these cases will be decided on its own record, the request. for deferment is Inappropriate:

It is ordered, That the application for leave to intervene in this proceeding be, and it hereby is, denied. lt is further ordered, That the request for a deferment of the Commission’s ruling on one of the charges in this proceeding be, and it hereby is, also denied.

MORRIS LOBER & ASSOCIATES, INC., ET AL.

Docket 7008. Order, Dec. 11, 1959 Order denying request to reopen case on the ground that the hearing examiner erred, in the early stages of the hearings, in denying respondents’ demand of the right to examine a Commission investigator’s report. The Commission, on August 14, 1958, having adopted as its own decision the hearing examiner’s initial decision wherein the hearing examiner made his findings of fact and entered his order to cease and desist in disposition of this proceeding, which decision of the Commission became final by reason of expiration of the statutory period for court review on October 11, 1958; and Counsel for the respondents, by letter dated November 6, 1959, having requested the Commission to reopen the proceeding on the ground that the hearing examiner, during the course of the trial, erred in denying the respondents’ demand of the right to examine a Commission investigator’s report, which report, it is said, was desired for use in the cross-examination of the investigator who had testified in support of the complaint; and It appearing from the record that the ruling referred to occurred during the early stages of the hearings and that the respondents made no attempt to obtain a review thereof either by way of an interlocutory appeal to the Commission under the provisions of §3.20 of the Rules of Practice or by way of an appeal from the initial decision under the provisions of §3.22 of said rules, but, on the contrary, permitted said ruling to remain unchallenged until the present time; and It further appearing that the respondents have made no showing of changed conditions of fact or of Jaw which would or might require a modification of the Commission’s decision and have made no showing that the public interest would or might require such action; and The Commission being of the opinion that, in the circumstances, no further consideration of the respondents’ request. for reopening of the proceeding is warranted:

It is ordered, That said request be, and it hereby is, denied.