UNITED STATES v. MASONITE CORPORATION


40 F.Supp. 852 (1941)

UNITED STATES v. MASONITE CORPORATION et al.

District Court, S. D. New York.

August 6, 1941.


Attorney(s) appearing for the Case

Thurman Arnold, Asst. Atty. Gen. (Hugh B. Cox and Samuel S. Isseks, Sp. Assts. to Atty. Gen., and Marcus A. Hollabaugh and Robert C. Barnard, Sp. Attys., both of Washington, D. C., of counsel), for plaintiff.

Breed, Abbott & Morgan, of New York City (Charles H. Tuttle, of New York City, Louis Quarles, of Milwaukee, Wis., Fletcher Lewis, of Chicago, Ill., Herbert H. Dyke, of Laurel, Miss., Thomas E. Kerwin, of New York City, and John M. Coates, of Chicago, Ill., of counsel), for Masonite Corporation.

LeBoeuf, Machold & Lamb, of New York City (Walter F. Kaufman, of Lancaster, Pa., and Horace R. Lamb and Craigh Leonard, both of New York City, of counsel), for Armstrong Cork Co.

Cravath, DeGersdorff, Swaine & Wood, of New York City (Andrew J. Dallstream, of Chicago, Ill., and T. A. Halleran, of New York City, of counsel), for Celotex Corporation.

Hughes, Richards, Hubbard & Ewing, of New York City (Oscar R. Ewing and William T. Gossett, both of New York City, of counsel), for Certain-Teed Products Corporation.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Porter R. Chandler and Taggart Whipple, both of New York City, of counsel), for Johns-Manville Sales Corporation.

Sullivan & Cromwell, of New York City (Allen W. Dulles and William Piel, Jr., both of New York City, of counsel), for Flintkote Co.

Milbank, Tweed & Hope, of New York City (Timothy N. Pfeiffer and Grenville S. Sewall, both of New York City, of counsel), for Insulite Co.

Elmer E. Finck, of Buffalo, N. Y. (Elmer E. Finck, of Buffalo, N. Y., and Henry K. Urion, of New York City, of counsel), for National Gypsum Co.

Lawrence C. Hull, Jr., of New York City (Lawrence C. Hull, Jr., of New York City, and Charles W. Briggs, of St. Paul, Minn., of counsel), for Dant & Russell, Inc., and Wood Conversion Co.


COXE, District Judge.

This is a suit by the United States to enjoin Masonite Corporation, Celotex Corporation and eight other corporations from further alleged violations of the Sherman and Clayton anti-trust laws, 15 U.S.C.A. §§ 1, 2 & 14.

The complaint charges that in the manufacture and distribution of "hardboard", a synthetic wood product, the defendants have been, and still are, engaged in a conspiracy (1) to restrain trade in violation...

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