Lei-Iigi-I Portland Cej\1Ent Coihpany
73 F.T.C. 1286 · Docket 8680 · Decided 1968 (est.) · Dismissal
Cite this decision
Lei-Iigi-I Portland Cej\1Ent Coihpany, 73 F.T.C. 1286 (1968). Consumer Law Library, https://consumerlawlibrary.org/decisions/v073-0077s8
Decision id v073-0077s8
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cation for granting the more drastic remedy requested when movants have failed to either seek the logical remedy afforded by access, or to explain why access would be unsatisfactory. Even though we find no merit in movants' contentions, we nevertheless adopt the suggestion of respondent.³ To avoid further disputation, we shall strike the prehearing conference excerpt quoted at page 15 of respondent's appeal brief to which movants take offense. An appropriate order will be entered.
Commissioner MacIntyre did not participate.
ORDER DENYING MOTION TO STRIKE APPEAL BRIEF AND TO DISMISS
APPEAL
On June 10, 1968, respondent filed an interlocutory appeal from the hearing examiner's order of May 29, 1968. On June 13, 1968, movants (fourteen third party concrete companies) filed with the Commission a motion to strike respondent's appeal brief and dismiss respondent's appeal.
For the reasons stated in the accompanying opinion, the Commission has determined that the motion should be denied. Accordingly,
It is ordered, That the motion to strike the appeal brief of Lehigh Portland Cement Company and dismiss its appeal filed by M. E. Rinker, president of Rinker Materials Corp.; J. D. Monroe, comptroller of MPS Industries, Inc.; D. W. Reading, president of Oolite Industries, Inc.; Thomas N. Kearns, president of Meekins, Inc.; S. Howard Banaszak, president of Banaszak Concrete Corporation; W. L. Currie, president of Central Concrete Co., Inc.; James F. Dawson, owner of Mobile Ready-Mix; A. L. Sattee, executive vice president of Maule Industries, Inc.; Louis C. Schilling, president of I. E. Schilling Co.; Carl H. Moritz, general manager of Burnup & Sims, Inc.; Roy B. Loughlin, president of Dixie Concrete, Inc.; Kenneth D. Buzard, president of Powermix, Inc.; Douglas A. Brooks, vice president of Erwin Concrete Corporation; and Murray S. Simpson, president of Super Concrete Corporation be, and it hereby is, denied.
It is further ordered, That the excerpt of the hearing examiner's comments made at page 1577 of the prehearing conference of May 24, 1968, which is quoted by respondent be, and it hereby is, stricken from page 15 of respondent's June 10, 1968, appeal brief. By the Commission, with Commissioner MacIntyre not participating.
³ Opposition to Motion to Strike the Appeal Brief, p. 2 (June 13, 1968).