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UNITED STATES v. WAYNE PUMP CO.

Nos. 32597, 32598.

44 F.Supp. 949 (1942)

UNITED STATES v. WAYNE PUMP CO. et al. (two cases).

District Court, N. D. Illinois, E. D.

February 17, 1942.

Attorney(s) appearing for the Case

Leo F. Tierney and Daniel B. Britt, Sp. Assts. to Atty. Gen., and Willis L. Hotchkiss and James C. Cramond, both of Washington, D. C. (Thurman Arnold, Asst. Atty. Gen., Paul D. Page, Jr., Sp. Asst. to Atty. Gen., and J. Albert Woll, U. S. Atty., of Chicago, Ill., of counsel), for the United States.

Harold F. McGuire, of Washington, D. C., and James M. Carlisle and Arthur S. Lytton, both of Chicago, Ill., for Veeder-Root, Inc., G. H. Anthony, and J. H. Chaplin.

James H. Winston, John C. Slade, and George W. Ott, all of Chicago, Ill., for Gilbert & Barker Mfg. Co. and S. C. Hope.

Edward R. Johnston, Charles L. Byron, and Howard Somervell, all of Chicago, Ill., for Wayne Pump Co. and B. F. Geyer.

Harold W. Norman, of Chicago, Ill., Louis F. Niezer, of Fort Wayne, Ind., Ballard Moore, of Chicago, Ill., for Tokheim Oil Tank & Pump Co.

Barry Gilbert, of Chicago, Ill., for Gasoline Pump Mfrs. Ass'n and G. Denny Moore.

SULLIVAN, District Judge (after stating the facts as above).

Two indictments have been returned against these defendants. In indictment No. 32597 they are charged with combining and conspiring "to fix, maintain and control arbitrary, artificial and non-competitive prices for the sale of computer pumps" in interstate commerce in violation of Section 1 of the Sherman Act. In indictment No. 32598 defendants are charged with combining and conspiring to monopolize

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