UNITED STATES v. ALUMINUM CO. OF AMERICA


27 F.Supp. 820 (1939)

UNITED STATES v. ALUMINUM CO. OF AMERICA et al.

District Court, S. D. New York.

March 15, 1939.


Attorney(s) appearing for the Case

Walter L. Rice, Sp. Asst. to Atty. Gen. (John C. Herberg and F. Gwyn Harper, Jr., both of Washington, D. C., Norman A. Adler, of New York City, James S. Kemper, Jr., Ralph Anderson, Creighton R. Coleman, and Gareth M. Neville, all of Washington, D. C., of counsel), for the United States.

Hughes, Richards, Hubbard & Ewing, of New York City, and Smith, Buchanan & Ingersoll, of Pittsburgh, Pa. (Charles E. Hughes, Jr., Leighton H. Surbeck, and William T. Gossett, all of New York City, and William Watson Smith, Frank B. Ingersoll, and Leon E. Hickman, all of Pittsburgh, Pa., of counsel), for Aluminum Co. of America et al.

Milbank, Tweed & Hope, of New York City (Morris Hadley, Timothy N. Pfeiffer, and Edgar P. Baker, all of New York City, of counsel), for Aluminium Limited et al.

Baldwin, Todd & Young, of New York City (Roger Sherman Baldwin and Walter W. K. Bennett, both of New York City, and A. L. Nash, of Manitowoc, Wis., of counsel), for Aluminum Goods Mfg. Co.

Hughes, Richards, Hubbard & Ewing, of New York City (Charles E. Hughes, Jr., Leighton H. Surbeck, and William T. Gossett, all of New York City, and John H. Watson, Jr., and M. B. & H. H. Johnson, all of Cleveland, Ohio, of counsel), for Aluminum Manufactures, Inc.


CAFFEY, District Judge.

Since the adjournment yesterday I have examined all the papers referred to by counsel having or claimed to have a possible bearing on the admissibility of the deposition of Otto Mueller against certain of the defendants. I have also read all pertinent portions of the minutes to which my attention was called. I have likewise searched for authorities having to do with the application of old Equity Rule 47, 28 U.S.C.A. following section 723, and...

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