UNITED STATES v. COOPER CORPORATION

No. 363.

114 F.2d 413 (1940)

UNITED STATES v. COOPER CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted November 12, 1940.


Attorney(s) appearing for the Case

Myles J. Lane, Sp. Asst. to Atty. Gen., Thurman Arnold, Asst. Atty. Gen., Hugh B. Cox and Allen A. Dobey, Sp. Assts. to Atty. Gen., and Joseph McDowell, Sp. Atty., of Washington, D. C., for appellant.

Slabaugh, Seiberling, Huber & Guinther, of Akron, Ohio, and Milton Dammann, of New York City, for defendants Cooper Corporation, Falls Rubber Co., Mohawk Rubber Co. of N. Y., Inc., and Seiberling Rubber Company.

Pickrel, Schaeffer, Harshman, Young and Ebeling, of Dayton, Ohio, Maurice P. Davidson, of New York City, for defendant Dayton Rubber Mfg. Co.

Kenefick, Cooke, Mitchell, Bass & Letchworth and Lyman M. Bass, all of Buffalo, N. Y., for defendant Dunlop Tire & Rubber Corporation.

Luther Day, of Cleveland, Ohio, and Davidson, Moses & Sicher, of New York City, for defendant Firestone Tire & Rubber Co.

Arthur, Dry & Dole, of New York City, for defendants Fish Rubber Corporation, United States Rubber Products, Inc., and U. S. Tire Dealers Corp.

Sullivan & Cromwell, of New York City, for defendant General Tire & Rubber Co.

Charles Wesley Dunn, of New York City, for defendant B. F. Goodrich Co.

Wright, Gordon, Zachry & Parlin, of New York City, for defendants Goodyear Tire & Rubber Co., Inc., and Kelly-Springfield Tire Co.

Spence, Windels, Walser, Hotchkiss & Angell, of New York City, for defendant Lee Tire & Rubber Co. of N. Y., Inc.

Ingram & Schenck, of New York City, for defendant Norwalk Tire & Rubber Co.

Jeffery, Escher & Murray, of New York City, for defendant Pennsylvania Rubber Co.

Before SWAN, CHASE, and CLARK, Circuit Judges.


Writ of Certiorari Granted November 12, 1940. See 61 S.Ct. 141, 85 L.Ed. ___.

CHASE, Circuit Judge.

The United States brought this civil action under Sec. 7 of the Sherman Act, 15 U.S.C.A. § 15 note, against eighteen defendants to recover treble damages because of injuries resulting from an alleged unlawful agreement as to uniform prices charged the government for automobile tires it purchased. The defendants moved to dismiss on the ground that the government...

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