Frozen Food Forum, Inc
Volume 81 · 81 F.T.C. 1040
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Frozen Food Forum, Inc, 81 F.T.C. 1040 (1972). Consumer Law Library, https://consumerlawlibrary.org/decisions/v081-0125
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Order 81 FTC, FROZEN FOOD FORUM, INC., ET AL.
Docket 8890. Order, Nov. 10, 19°72.
Upon its own-motion, the Commission quashes' four subpdénas after determining that validity of the Aug, 15, 1968 order is not relevant: to: admissibility. of said evidence ot any discovery by complaint. counsel that might flow from such evidence.
- ORnDER Quasine Susiomtaa . This matter 3 is. before the Commission. upon. its own, “motion. ‘On September. 29, 1972, administrative law fudge William, K. Jackson granted respondents’. application for the issuance of subpoenas duces. tecum to certain past and present employees of the Commission, and on. October 12, 1972, subpoenas | were issued pursuant: to that. order. Ji udge Jackson stated i in his order that. the purpose of the. subpoenas i as to obtain documents, which relate to the participation. or nonparticipation. of members. of. the. Commission and. the. Secretary, i in the issuance of. the order. of the Commission, dated August. 15, 1968, denying motions to quash. subpoenas issued July 18, 1968: His order j j apparently based upon his ruling atthe pretrial hearing that the “validity of said Order [of August. 15, 1968], raised threshold factual: questions that had to be resolved by him before he could rule on the admissibility of the evidence so obtained or any discovery by complaint counsel that might flow from such evidence.”
The Commission has determined that the validity of the order of August 15, 1968, is not relevant to the admissibility of said evidence or any discovery by complaint counsel that might flow from: such evidence, and, therefore, the subpoenas issued pursuant to the administrative law judge? s order of September 29, 1972 should be quashed. Accor ‘dingly, It is ordered, That the subpoenas issued by Administrative Law Judge William K. Jackson to Charles A. Tobin; Joseph W. Shea; Doris Neuman (correctly spelled Naumann) ; and John Doe, whose initials are C.T.A., an employee in the Office of the Secretary of the Federal Trade Commission, be, and they here are, quashed. Commissioner Dennison not participating in this action.