Best & Co., Inc
71 F.T.C. 1693 · Docket 8669 · Decided 1967 (est.)
Extraction note: this decision's boundaries or caption were hard to read automatically; check the source volume.
Cite this decision
Best & Co., Inc, 71 F.T.C. 1693 (1967). Consumer Law Library, https://consumerlawlibrary.org/decisions/v071-0108s17
Decision id v071-0108s17
Text (OCR of the scan; may contain errors)
BEST & CO. , INC.
Ordcr denying remand but directing parties to explore possibility of stipulating matters in respondent's motion for remanel.
ORDER DENYING ilOTIOK FOR REMAND A;\D EXTENDING TIME FOR FILING Appeal BRIEF This matter is before the Commission on respondent's motion for an extension of time within which to perfect its appeal and its motion to remand. The Commission has determined that the motion for remand should be denied. It is of the view that counsel may be able to stipulate with respect to alj or most of the facts which respondent wishes to adduce on the transfer of certain assets to the JiIcCrory Corporation. Accordingly, the Commission wm direct counsel for both sides to explore the possibility of a stipulation with respect to these matters. In the event counsel are unable to stipulate with respect to any or alj of the matters alleged in respondent' s motion for remand, the respondent may fie affidavits to cover those points not agreed to in the stipulation. The Commission wi1J consider a stipulation, if any, entered by counsel and/ or respondent' s affidavits on these points in connection \with respondent' s appeal. Accordingly,
It is ordered That the motion for remand be, and it hereby is denied.
It is jurther urdeTed That counsel for both sides be, and they hereby are, directed to explore the possibility of stipulating with respect to any or al1 of the matters a1Je!;ed in respondent' s motion for remand.
It is JUTther ordered In the event that counsel are unable to agree on a stipulation covering any or al1 of the points alleged in respondent' s motion for remand that respondent be, and it hereby, authorized to file affidavits \with respect to those points not so covered, and that complaint counsel be authorized to tile reply affidavits.
It is further ordered That respondent's time within which to file its appeal brief be, and it hereby is, extended until twenty (20) days after the service upon the parties of this order. Commissioner Elman would grant the motion for remand.