Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 3

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          endedDecember25, 1983, through December 28, 1986?4  We hold that            
          she did not.                                                                
                                  FINDINGS OF FACT5                                   


          4  In light of our holding on issue (1), we need not, and shall             
          not, address petitioners' contention that B&L Hong Kong's income            
          from the sale of sunglasses it assembled is excludible from                 
          petitioners' gross income for each of those years under sec.                
          954(b)(4).                                                                  
          5  At the conclusion of the trial herein, the Court ordered the             
          parties to file seriatim briefs and limited the parties' respec-            
          tive briefs to a total of 150 pages, including the proposed                 
          findings of fact.  Petitioners' opening and reply briefs totaled            
          exactly 150 pages.  It appears that they were able to so limit              
          their briefs only by violating Rule 151(e)(3).  That Rule                   
          requires the opening briefs of the parties to contain:                      
            Proposed findings of fact * * * based on the evidence, in                 
            the form of numbered statements, each of which shall be                   
            complete and shall consist of a concise statement of essen-               
            tial fact and not a recital of testimony nor a discussion                 
            or argument relating to the evidence or the law. * * *                    
          Petitioners' opening brief did not contain any "Proposed findings           
          of fact * * * in the form of numbered statements" with respect to           
          any facts to which the parties stipulated in the revised first              
          stipulation of facts (first stipulation) and to which neither               
          party objected on evidentiary grounds.  Respondent objected in              
          her brief to petitioners' failure to propose such stipulated                
          facts and their resultant violation of Rule 151(e)(3).  However,            
          respondent did not request the Court to impose sanctions on                 
          petitioners.                                                                
          During the pretrial and trial phases of these cases, petition-              
          ers' lead counsel made it known to the Court on a number of                 
          occasions that he is no stranger to this Court, since he has                
          appeared before us as attorney of record in a number of different           
          cases.  We therefore presume that he is, and in any event he and            
          all counsel who appear before us should be, thoroughly familiar             
          with this Court's Rules, including Rule 151(e)(3).  Since respon-           
          dent did not seek any sanctions from the Court for petitioners'             
          failure to comply with Rule 151(e)(3), which we view as nothing             
          more than their attempt to circumvent the page limitation we                
                                                             (continued...)           




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