UNITED STATES v. ALUMINUM CO. OF AMERICA

Eq. No. 85-73.

44 F.Supp. 97 (1941)

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

District Court, S. D. New York.

September 30, October 1, 2, 3, 4, 6, 7, 8, 9 and 10, 1941.


Attorney(s) appearing for the Case

John C. Herberg, of Washington, D. C., Norman A. Adler, of New York City, and F. Gwyn Harper, Jr., of Washington, D. C., Sp. Assts. to the Atty. Gen., and James S. Kempner, Jr., Gareth M. Neville, and Ralph Andresen, all of Washington, D. C., Sp. Attys., for the Government.

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

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

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

Baldwin, Todd & Young, of New York City, and Nash & Nash, of Manitowoc, Wis., (Roger S. Baldwin and Hiram C. Todd, both of New York City, of counsel), for Aluminum Goods Manufacturing Co.


CAFFEY, District Judge.

I approach the rendition of a decision with great diffidence. There are several reasons for this. Some of them I think should be explained.

For me there are four chief difficulties. The first is the size of the record. The second is a condition of the law applicable, — to which I shall refer. The third is the outcome, including especially the divergencies in the outcome, of sundry previous litigations. The fourth is certain features...

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