Pure Oil Company

Text (OCR of the scan; may contain errors)

PURE OIL COMPANY

Docket 6640. Order, Oct. 80, 1959 Order broadening scope of remand to include reception of evidence in defense of charges of geographical price discriminations and rebuttal. The Commission, by order issued September 25, 1959, having remanded this proceeding to the hearing examiner for the reception of additional evidence as to prices charged by the respondent to customers located in areas other than Birmingham, Alabama, during the period of time covered by the allegations of Count I of the complaint; and The respondent on October 6, 1959, having filed a motion and affidavit stating that by reason of the remand it has reconsidered its prior decision to rest its case and not offer evidence in opposition to the aforesaid allegations and requesting the Commission to now permit it to introduce evidence in defense of certain of such charges, which motion is opposed by counsel supporting the complaint; and The Commission having determined that in the circumstances the respondent’s request for leave to present its defense should be granted, but that further direction to the hearing examiner as to the form of decision or report to be submitted by him after receipt of the additional evidence, as suggested by the parties, is not necessary:

It 1s ordered, That the scope of the Commission’s remand of this case to the hearing examiner under its order of September 25, 1959, be, and it hereby is, broadened to include the reception of any relevant evidence which may be offered by the respondent in defense of the charges of geographical price discriminations together with such relevant rebuttal evidence as may be offered by counsel supporting the complaint.