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UNITED STATES v. J. M. HUBER CORPORATION

179 F.Supp. 570 (1959)

UNITED STATES of America, Plaintiff, v. J. M. HUBER CORPORATION and Western Newspaper Union, Defendant. UNITED STATES of America, Plaintiff, v. AMERICAN SMELTING & REFINING CO., and Western Newspaper Union, Defendants.

United States District Court S. D. New York.

December 30, 1959.

Attorney(s) appearing for the Case

Philip L. Roache, Jr., Joseph J. O'Malley, Attys., Dept. of Justice, Washington, D. C., for the United States.

Royall, Koegel, Harris & Caskey, New York City, for defendant Western Newspaper Union. Frederick W. P. Lorenzen, Paul Kerins, David F. Dobbins, New York City, of counsel.

DIMOCK, District Judge.

Motions to Dismiss Indictments.

Defendant, Western Newspaper Union, hereinafter WNU, moves to dismiss the indictment in each one of these cases. The only other defendants, J. M. Huber Corporation, in Cr. 159-149, and American Smelting & Refining Co., in Cr. 159-150, have pleaded nolo contendere, so that in each case the only remaining defendant is WNU.

Each indictment charges "an unlawful combination and conspiracy in restraint...

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