Fisher Foods, Inc

Text (OCR of the scan at left; may contain errors)

IN THE MATTER m' FISHER FOODS, INC.

Docket 9062. Order, Mar. , 1976 :\lotion by complaint counsel to amend the complaint remanded to the administrative law judge.

Appearances For the Commission: Vivian L. Solganik, Aaron H. BuUoff and Melvin H. Wolovits.

For the respondent: John F. McClatchey, Thompson, Hine Flory, Cleveland, Ohio.

ORDER REMANDING MOTION TO AMEND COMPLAINT The administrative law judge has certified to the Commission complaint counsel's motion to amend the complaint in this matter by substituting the phrase "in or affecting commerce" for the phrase " commerce" in Paragraphs Three, Four, and Ten of said complaint. The Commission believes that the instant motion is within the authority of the law judge to decide since it apparently only seeks " add examples of practices (already alleged in the complaint 1 to be unlawful." Cavanagh Communities Corp. Order Granting in Part and Remanding in Part Motion to Serve Supplemental Pleading, January , 1976, p. 3, n. 3; Capitol Reeords Distributing Corp. 58 F. C. 1170 1173 (1961).

The Commission notes that respondent has argued that the expansion by the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, Pub. L. 93-637 (January 4, 1975), of the Commission s jurisdiction to acts "affecting commerce" is not retroactive to alleged violations that occurred prior to the effective date of the statute. However, it may well be that complaint counsel do not intend to introduce evidence of acts, affecting, but not in, commerce that occurred prior to January 4, 1975. In case they do, the law judge is in the best position to decide the issue in the context of a specific offer of proof. Accordingly, It is ordered That the aforesaid motion be, and it hereby is remanded to the administrative law judge.

* Heported in ,his Volume KIRBY OF NOHTH PHOVIDENCE , INC.. E'I AL. 591 591 Order