UNITED STATES v. NEW YORK ELECTRICAL CONTRS. ASS'N


42 F.Supp. 789 (1941)

UNITED STATES v. NEW YORK ELECTRICAL CONTRACTORS ASS'N, Inc., et al.

District Court, S. D. New York.

December 19, 1941.


Attorney(s) appearing for the Case

Thurman Arnold and Herbert A. Berman, both of Washington, D. C. (John N. Cole, Sp. Atty., of Washington, D. C., and Nelson A. Sharfman, Sp. Atty., of New York City, of counsel), for the United States.

Harold Stern, of New York City (Harold Stern, Benjamin S. Kirsh, and Walter M. Colleran, all of New York City, of counsel), for Local Union No. 3 of the I. B. E. W. and others.

Herman L. Weisman, of New York City (Herman L. Weisman, Arnold M. Grant, and Arthur Richenthal, all of New York City, of counsel), for New York Electrical Contractors Ass'n., Inc., and others.

Breed, Abbott & Morgan, of New York City (Charles H. Tuttle, Thomas E. Kerwin, Lloyd V. Almirall, and Kendall B. DeBevoise, all of New York City, of counsel), for Heating, Piping and Air Conditioning Contractors New York City Ass'n., Inc., and others.

Joseph A. Byrne, of New York City (Joseph F. Kroppy, of New York City, of counsel), for Association of Contracting Plumbers of City of New York, Inc., and another.

Eidlitz, French & Sullivan, of New York City (Harry N. French and J. G. Fink, both of New York City, of counsel), for Building Trades Employers Ass'n. of City of New York.


CONGER, District Judge.

Defendants have demurred to the indictment herein on the ground that it fails to state a crime under Section 1 of the Sherman Act, 15 U.S.C.A. § 1. The defendants in this case are Local Union No. 3 of the International Brotherhood of Electrical Workers, an unincorporated labor union affiliated with the International Brotherhood of Electrical Workers (an affiliate of the American Federation of Labor); the New York Electrical Contractors...

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