The judge remanded the situation, affording the functions the second chance to render research
After that, the fresh Fee oriented the final decision towards a wholly separate legal theory.\302\ “So it [was] not an incident where initially issue was couched into the broad generalities however, next was experimented with on certain idea you to definitely in the course of time warranted [the Commission’s] finding[s].” \303\ Indeed, “[c]ounsel to own Bendix particularly asked the Reading Examiner together with [Government’s] Counsel with the theory upon which the truth would-be attempted.” Regulators the advice explicitly minimal brand new judge ideas concerned: “[r]epeated comments from the the recommendations, witnesses, therefore the [Hearing] Examiner showed that individuals sensed [these] as the actual only real procedure[s]” during the assertion.\304\ At the conclusion of the latest reading, Authorities guidance filed a final short term on the Percentage, and therefore omitted any reference to choice judge theories.\305\ “Bendix’s situation is prepared and you may showed in reaction to certain enumerated theories. . . . Read more