American Home Products Corporation

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IN THE MATTER OF AMERICAN HOME PRODUCTS CORPORATION, ET AL. Doket 8918. Interlocutory Ordr, Dec. 28, 1977 Order denying application for review of administrative law judge s order denying request for certification of proceeding under Section 3.23(b) of the Commis. sion s Rules of Practice. The Commission finds no basis for a finding of abuse of discretion and no basis for extraordinary review. ORDER DENYING Application FOR REVIEW Once again in this proceeding,' the Commission has before it an application for review of a ruling by the Administrative Law Judge fied in spite of his denial of requested certification under Rule Section 3.23(b). American Home Products Corporation ("AHP" urges that we find a clear abuse of discretion which will result in irreparable injury in Judge Hyun s orders of May 26 and September 20, 1977, respecting pre-trial exchanges of proposed exhibits, insofar as they require pre-trial disclosure of respondent's "proposed exhibits which contain data taken directly from the complaint counsel' s exhibits but which may be used in or serve as the basis of " 2cross-examination of opposing expert witnesses, At the threshold, we note that AHP rather exaggerates the scope of Judge Hyun s order, which explicitly does not extend to documents or tabulations which respondents intend to use solely for the purpose of cross examination in impeaching complaint counsel' witnesses without offering them as respondents' exhibits in support of their cases.'" In any event, we find no basis in AHP' s application for a finding of clear abuse of discretion in the Administrative Law Judge s rulings, and no basis for exercising extraordinary review thereof. Accordingly, It is ordered, That the application be, and it hereby is, denied. , Se the Commision B ordej1 of Augmt 18, 1977, and September 10, 1974, similarly denying applicatioIl for review made over the Administrative Law Judge s refusl to certify under Rule Section 3. 23(b) , AH's application. at page 3 , Order Denying Respondent's Application for a Determination Permitting Interlocutory Review, iaued Ocber6 lgn Modifying Order 90 F.