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OCR: refinc its approach on . casc- -by -case basis, and that re. view by the Commission would provide an opportunity for devclopment of record on which petitioner's legal ob- jection: may be considered by court uppeals. Simi- larly. thcre no danger here there was Coit Inde- pendence Join Federal Sav Loan Ins. Corp. 489 U.S 561 586 587 (1989) that the duration agency procedures will threaten moot claims that petitioner nay have forum Thus. none 1 the "well-established exceptions the exhaustion doctrine' (Br. applicable here and there Is no reason cusc petitioner from Tirst presenting contentions te Com mission aftcr receivins citation -before seekins judicial review CONCLUSION The judgment of the court 10 appeals should be af- firmed Respectfully submitted DREW S. DAYS, 111 Sotioitor General ED ...