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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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