After that, the Commission established their ultimate decision for the a completely independent legal idea.\302\ “Which [was] perhaps not an instance the spot where the initial criticism are couched in the large generalities however, after that is attempted for the specific concept one to sooner or later warranted [the fresh new Commission’s] finding[s].” \303\ In fact, “[c]ounsel for Bendix particularly questioned both Reading Examiner and the [Government’s] Counsel on principle upon which possible might possibly be attempted.” Bodies the advice expressly limited the fresh courtroom concepts in question: “[r]epeated comments of the guidance, witnesses, and [Hearing] Checker showed that people believed [these] become truly the only question[s]” when you look at the contention.\304\ At the end of brand new hearing, Bodies counsel registered a last short-term to your Fee, and this excluded people mention of alternative court theories.\305\ “Bendix’s case was wishing and you can demonstrated responding to particular enumerated ideas. . . . The witnesses have been asked and you will get across-checked-out with regards to these issues. This new documentary evidence is keyed to those concepts.” \306\ Once the “additional defenses and you may evidences might possibly be used in defending” new Commission’s solution courtroom concept, Bendix try entitled to good remanded hearing.\307\
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