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UNITED STATES v. CIGARETTE MERCHANDISERS ASS'N

136 F.Supp. 214 (1955)

UNITED STATES of America v. CIGARETTE MERCHANDISERS ASSOCIATION, Inc., et al., Defendants.

United States District Court S. D. New York.

November 23, 1955.

Attorney(s) appearing for the Case

John D. Swartz, Richard Owen, Louis Perlmutter, Ralph Goodman, Attys., Dept. of Justice, New York City, Richard B. O'Donnell, New York City, of counsel, for United States.

Parker, Chapin & Flattau, New York City, for defendant Rowe Corp., Mervin C. Pollak, New York City, of counsel.

WEINFELD, District Judge.

The indictment herein, returned in April, 1954, charged the defendant, the Rowe Corporation, and thirteen others with violations of §§ 1 and 2 of the Sherman Act.1

The Rowe Corporation, hereinafter called Rowe, moves to dismiss the indictment as against it upon the ground that its corporate existence ceased on September 30, 1955 as a result of its merger and consolidation with another corporation...

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