v072-0049s1s1

Text (OCR of the scan; may contain errors)

Docket No. 8463; Order issued July 2, 1963 r63 F. C. 2196J. Production of documents, like depositions, is part of the Commission's pre-trial discovery procedure. In the matter of discovery, the hearing examiner is gi yen broad discretion by the Commission Rules of Practice, and the Commission, except by a clear showing of an abuse of that discretion, will sustain the examiner in his rulings in such matters. American Bmke Shoe Company, Docket No. 8622; Order issued September 1, 1965, Opinion of the Commission 168 F. C. 1169J.

Neither complaint counsel nor counsel for respondent have demonstrated that the hearing examiner's ruling involves substantial rights and will materially affect the final decision so that a determination of its correctness before the conclusion of the hearing wil better serve the interest of justice. Accordingly,

It is ordered That the appeal of complaint counsel, filed June 20 1967, and the appeal of respondent, filed June 12, 1967, be and they hereby are, denied.

Commissioner Elman not concurring.