In the Matter of the Complaint Against

 W. G. CHARLES COMPANY THE ROBERTSON -
 TAYLOR COMPANY INTRA-MEDIC FORMULATIONS, INC.
 CONNOR-FREEMAN LABORATORIES, INC.
 CUSTOMER SERVICES DISTRIBUTION, CENTER, INC.
 MITCHELL K. FRIEDLANDER
 HARRIS FRIEDLANDER
 MICHAEL MEADE Respondents.  

 P.S. Docket No. 19/104;
 P.S. Docket No. 19/162;
 P.S. Docket No. 19/182  

 05/23/85

 Bernstein, Edwin S.  

On May 21, 1985, Respondents filed a Motion for Reconsideration of the May 6, 1985 Decision and Order denying Respondents' motion to recall Dr. Ayers for further cross-examination. The motion is denied.

The motion for reconsideration seems to dispute a finding in the Decision and Order that Respondents "were able to discuss with Dr. Krotkiewski the Ayers-Krotkiewski April 13, 1985 telephone con- versation before Dr. Ayers testified on April 18, 1985 " (P.5 of Decision and Order). Respondents admit that they telephoned Dr. Krotkiewski at 3 a.m. on April 17, but state that they were requested to call him back on April 21. Respondents failure to pursue discussions with Dr. Krotkiewski on April 17 constitutes no justification for recalling a witness who has already testified for 10 days in these proceedings.

Respondents also contend that on April 15 Complainant misrepresented that Dr. Schwartz would be Complainant's rebuttal witness, alleging that Complainant then knew that Dr. Ayers would be its rebuttal witness. Respondents argue that Dr. Ayers investigatory telephone call to Dr. Krotkiewski on April 13 proves this contention. This argument is not persuasive. I find, as Complainant has stated, that because Respondents indicated their desire to pursue a very lengthy impeachment of Dr. Schwartz (Tr 5764-5781, 5885-5890), in an effort to expedite the proceedings, shortly before the April 16 telephone conference Complainant instead decided to recall Dr. Ayers, whose credibility had previously been extensively examined during nine days of prior testimony. Dr. Ayers' telephone contact with Dr. Krotskiewski on April 13 is entirely consistent with his role as Complainant's medical consultant. (Tr. 1980-1981).