UNITED STATES v. CENTRAL SUPPLY ASS'N

No. 16750.

37 F.Supp. 890 (1941)

UNITED STATES v. CENTRAL SUPPLY ASS'N et al.

District Court, N. D. Ohio, E. D.

January 22, 1941.


Attorney(s) appearing for the Case

Edward P. Hodges, Kenneth L. Kimble, Alfred Karsted, W. Wallace Kirkpatrick, and Richard K. Decker, Sp. Assts. to Atty. Gen., all of Washington, D. C., David J. Clarke, Sp. Asst. to Atty. Gen., of Chicago, Ill., and Alexander C. Cushing, Sp. Asst. to Atty. Gen., of New York City, Thurman Arnold, Asst. Atty. Gen., and Emerich B. Freed, U. S. Atty., of Cleveland, Ohio, for plaintiff.

Jas. G. Moore, of New York City, and Carl F. Shuler, of Cleveland, Ohio, for defendants Jobbers Credit Ass'n, Inc., Behrer Nason Co., Inc., Arnold M. Behrer, and Glenn B. Van Buren.

Jas. C. Connell, of Cleveland, Ohio, for defendants United Ass'n of Journeymen Plumbers and Steamfitters of the U. S. and Canada, Local Union Nos. 94, 130, 55, 98, 640, 519, 118, and 172, Plumbing & Heating Warehousemen's Auxiliary to the Journeymen Plumbers Union, Local Union No. 55, and William Butler.

Jas. C. Connell, of Cleveland, Ohio, and Flynn, Storms & Greenquist, of Racine, Wis., for defendants Howard Enold and Wilbur Gregory.

Jas. C. Connell, of Cleveland, Ohio, for defendants C. J. Maher, George Masterson, Arthur S. Pettit, Sam Poole, William E. Quirk, D. M. Stribling, and Edwin Turnock.


WILKIN, District Judge.

Twenty-five defendants filed pleas in abatement. Some of such defendants based their pleas upon identical grounds. Others varied the assignment of reasons for their pleas. The basic reasons assigned by the pleas may be divided into four classes:

1. That the term of court at which the grand jury was impanelled had expired before the return of the indictment and that the grand jury was therefore without authority and the indictment a...

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