UNITED STATES v. NATIONAL BISCUIT CO.


25 F.Supp. 329 (1938)

UNITED STATES v. NATIONAL BISCUIT CO.

District Court, S. D. New York.

November 28, 1938.


Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (Russell Hardy, Sp. Asst. to Atty. Gen., and Charles J. Nager, of New York City, of counsel), for the United States.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (John W. Davis and J. Paschall Davis, both of New York City, of counsel), for defendant.


WOOLSEY, District Judge.

I direct a verdict for the defendant in this action, and it may have a judgment dismissing the complaint.

As this is an action by the United States there will not be any costs granted to the defendant.

I. My subject matter jurisdiction in this cause is based on the fact that it is a civil suit brought by the United States. Title 28, United States Code, § 41(1), 28 U.S.C.A. § 41(1).

The venue of the action...

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