Capax, Inc

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

IN THE MATTER OF CAPAX, INC., ET AL.

Docket 9058. Interlocutory Order, Oct. 20, 1976 Order denying motion by all respondents except one individual that the administrative law judge be disqualified from presiding in this proceeding. Appearances For the Commission: Carthon E. Aldhizer, John F. LeFevre, and Alan D. Reffkin.

For the respondents: Robert F. Stockton, Segal & Stockton, Philadelphia, Penn., for Capax, Inc., Joseph V. Defelice and Arnold Goodman. Barbara Van Horn Colsey, Delanco, New Jersey, for Norman Bricker. ORDER DENYING MOTION To DISQUALIFY ADMINISTRATIVE LAW JUDGE Administrative Law Judge Paul R. Teetor has certified a motion filed by all respondents other than Norman Bricker requesting that the ALJ be disqualified from presiding in this proceeding. The moving respondents assert that two letters to the ALJ written by complaint counsel were ex parte communications and had “the capacity to prejudice” the ALJ against respondents or their attorneys.' We agree with the ALJ’s decision not to disqualify himself. The letters did not constitute ez parte communications since copies were forwarded to respondents’ counsel. Nor has there been a showing that the law judge’s ability to conduct a fair hearing has in any way been prejudiced. Accordingly, It is ordered, That the aforesaid motion be, and it hereby is, denied. Commissioner Dole not participating by reason of absence. ' According to one letter, a prospective witness had informed complaint counsel that she intended to cancel her scheduled interview date because of threats made by a telephone caller who identified himself as a representative of respondent Capax. The other letter complained of a questionnaire mailed to a prospective witness. Complaint 88 F.T.C.