The Seeburg Corporation

Text (OCR of the scan; may contain errors)

on December 19, 1966. The Commission denied such motion by an order issued February 8, 1967 [p. 1633 herein]. In the meantime, the examiner made detailed findings and rulings concerning the production of documents in the possession of complaint counsel. These findings and rulings are attached to the examiner’s certification and are identified as Appendixes A and B. Therein the examiner systematically considers each of the documents or categories of documents requested and states his ruling as to whether or not such should be produced. There apparently is no issue before the Commission as to the documents which the examiner ruled need not be furnished.! The question of production is now one of narrow scope. The examiner states in his submission of February 10, 1967, partially withdrawing-his prior certification, that complaint counsel have made available all the documentation in question except for two lists by Coca-Cola, one of which is reported to be now in the possession of respondent’s counsel. The other is the aforementioned Coca-Cola list of accepted bottle vending machines, dated March 1, 1965.

With reference to the latter document, the hearing examiner states in Appendix A attached to his certification of February 3, 1967, that there is no longer anything secret or confidential about it “since public record evidence has already been received without objection relating to such acceptances.” He found that the document might serve some purpose insofar as respondent’s defense is concerned and he therefore directed production under in camera procedures. While it is not clear that respondent has made the requisite showing of ‘‘good cause” for the production of the document in question, nevertheless, in the circumstances, we will direct ‘that it be made available.

We see no need at this time to further consider the issues raised by respondent in its request for plenary consideration. We believe that these issues have been largely rendered moot by the later access to records provided by complaint counsel in response to the hearing examiner’s rulings. Accordingly,

It is ordered, That complaint counsel make available to the respondent, for its information and use, under such conditions as the examiner may provide, the list of accepted bottle vending machines issued by Coca-Cola dated March 1, 1965.

It is further ordered, That respondent’s request for plenary consideration be, and it hereby is, denied. 1 Respondent’s request for plenary consideration of Commission policies as to confidential documents does not seem to raise objections to the rulings of the hearing examiner to date, which rulings, in effect, have granted in part and denied in part its requests for production.

INTERLOCUTORY ORDERS, ETC. 1663