RSR Corporation

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

IN THE MATTER OF RSR CORPORATION Doket 959. Order, June, 1976 Denial! of complaint counsel's motion to deem respondent s failure to file timely notice of intention to appeal as waiver of its right to appeal. Appearances For the Commission: K. Keith Thurroon, James C. Egan, Jr. and A nnthalia Lingos.

For the respondent: Wald, Harkradr Ross Washington, D. ORDER DENYI"G CO"PLAINT COUNSEL S MOTION TO DEEM RESPONDENT S F AILeRE TO FILE A TIMELY K NOTICE OF INTE"TIO" TO Appeal AS A WAIVER OF ITs RIGHT TO Appeal Complaint counsel have moved for a determination by the Commission that respondent's failure to file a timely notice of intention to appeal from the initial decision, pursuant to Rule 3.52(a), or for an extension of time in which to file a notice, constitutes a waiver of its right to appeal. Respondent asserts that it decided not to appeal from the administrative law judge s determination of liability based on its belief that complaint counsel did not intend to appeal from the law judge s partial divestiture order. Once respondent was served with complaint counsel's notice, and after the filing deadline had passed, it filed its notice of intention to appeal.

Whether or not an adversary intends to challenge an order may well be relevant to a party s decision whether to appeal. * In the present case, respondent should have either filed a "protective" notice or attempted to determine from complaint counsel personally whether they intended to appeal. However, in view of respondent' s apparcnt good faith belief that complaint counsel would not appeal and the fact that the untimeliness of respondent's filing has not delayed the briefing or the argument of the instant appeals, the Commission has determined to deny complaint counsel's motion. It is so ordered.

. &Ai 9 J. Moore Hdernl Prrtice 20. 11(11 at 927"28 (2d Ed- 1975) WALTER KIDDE & CO., INC. 1401 1401 Complaint