Soundtrack Chevell Industries, Inc.
Volume 88 · 88 F.T.C. 434
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Soundtrack Chevell Industries, Inc., 88 F.T.C. 434 (1976). Consumer Law Library, https://consumerlawlibrary.org/decisions/v088-0047
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In THE MATTER OF SOUNDTRACK CHEVELL INDUSTRIES, INC., ET AL. Docket 8998. Order, Sept. 21, 1976 Determination that subpoena enforcement proceedings should not be commenced with remand to administrative law judge for issuance of a new subpoena. Appearances For the Commission: Richard H. Gateley and John J. Hemrick. For the respondents: Thompson, Knight, Simmons & Bullion, Dallas, Tex.
ORDER REMANDING Matter To ADMINISTRATIVE LAW JUDGE The administrative law judge has certified complaint counsel’s motion that the Commission institute proceedings to enforce a subpoena ad testificandum directing Mr. James Cowan to testify. The subpoena directed Mr. Cowan to appear on July 22, 1976, at a hearing in Dallas, Texas. According to the motion, however, complaint counsel “contacted Mr. Cowan and told him not to appear on July 22, 1976, but that he would be called early the following week should the hearings continue.” Complaint counsel assert that they have subsequently been unable to reach the witness.
The Commission has determined that enforcement proceedings should not be commenced unless a new subpoena issues directing Mr. Cowan to appear on a date certain and the witness disobeys the subpoena. Accordingly, It is ordered, That this matter be, and it hereby is remanded to the administrative law judge for issuance of a new subpoena. Commissioner Dole did not participate by reason of absence. FOOD TOWN STORES, INC., ET AL. 435 485 Complaint