Gary Wright - Page 7

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          motions under advisement and proceeded to hear petitioner’s                 
          case.3                                                                      
               At the outset, the Court explained to petitioner as follows:           
                    This is your chance to raise any issues that you                  
               wanted to raise had you gotten a face to face hearing                  
               with Appeals. * * *                                                    
                         *    *    *    *    *    *    *                              
                    If you want to raise any issues, you need to raise                
               them here today in this court, and based on the                        
               evidence introduced and my review of any briefs, and                   
               subject to whatever action I might take on your                        
               motions, and then I will decide whether you have been                  
               treated unfairly.                                                      
                    And if so, what the appropriate remedy is.  But                   
               you need to bring out whatever issues you want to bring                
               out today, because I think that it is your last chance                 
               unless I take some other action.                                       
          Petitioner’s comments during the ensuing trial, however, failed             
          to raise any points not previously pressed or to identify any               
          specific colorable issues for remand.  At the conclusion of the             
          trial, the parties were afforded an opportunity to submit                   
          posttrial briefs.  Only respondent did so.                                  









               3 For all the reasons set forth infra in text, petitioner’s            
          above-referenced motions shall be denied in conjunction with                
          issuance of this opinion, without need for further separate                 
          discussion.                                                                 





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