Miscellaseous Orders Jacoby-Bender. Inc.. et Ai

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December 18, 1967, directing compliance with a subpoena duces tecum issued October 12, 1967, and rescheduling return date, and upon the answer of complaint counsel in opposition thereto: sand The Commission having determined that the issues raised on the appeal were in substance decided in the Commission’s order issued December 1, 1967 [72 F.T.C, 1027], and that respondent and Martin A. Sherry have raised no new or different contentions; that no showing has been made that the ruling complained of involves substantial rights and will materially affect the final decision and that a determination of its correctness before the conclusion of the hearing is essential to serve the interest of justice: and having furt) er determined that the appeal for such reasons should be denied:

Lt is ordered, That the appeal of respondent and Martin A. Sherry from the hearing examiner's order filed Decen.ber 18, 1967. directing compliance with a subpoena duces tecum and rescheduling return date, be, and it hereby is, denied.

Commissioner Elman not concurring.

NATIONAL EXECUTIVE SEARCH, INC., ET AL.

Docket 8731. Order, Jan. 26, 1968 Order granting respondents’ request to quash subpoena duces tecum directed to the president of the corporate respondent. Orprer GrantTINGc APPEAL AND ReMANDING TO ExamixerR WuirH

INSTRUCTIONS

This matter is before the Commission upon respondents’ appeal filed December 1, 1967, from the part of the order of the hearing examiner, of November 27, 1967, denying their request to quash subpoena duces tecum directed to John W. Costello, president, National Executive Search, Inc., and upon complaint counsel’s answer in opposition thereto; and it appearing to the Commission that the actions of the hearing examiner in issuing such subpoena duces tecum and denying in part the motion to quash exceeded the limits of the pretrial order; and the Commission having determined, therefore, that the matter should be remanded to the hearing examiner for his reconsideration of the issues raised in the light of the pretrial order: Lt is ordered, That respondents’ appeal from the part of the hearing examiner's order of November 27, 1967, denying their request to quash subpoena duces tecum directed to John W. Costello, president, National Executive Search, Inc, be, and it hereby is, granted. Lt is further ordered, That inasmuch as the hearing examiner's order ruling on the subpoena duces tecum directed to John W. Costello, president, National Executive Search, Inc., exceeds the limits of his pretrial order entered in this proceeding, the hearing examiner shall, in connection with such subpoena, modify the pretrial order to such extent as may be appropriate under § 3.21(d) of the Commission’s Rules of Practice (i.¢., to prevent manifest injustice), after which the course of the proceedings shall be governed in accordance with these determinations and actions.

LEHIGH PORTLAND CEMENT COMPANY

Docket 8680. Order, Feb. 15, 1968 Order remanding respondent’s request for disclosure of certain documents to the hearing examiner to allow respondent to supplement its application. Orprer RemanpinG APPLICATION TO THE HeEartne Exaurner The respondent has filed an application, certified to the Commis-