CHICAGO MERCANTILE EXCHANGE v. TIEKEN

Civ. A. 58-C-1690.

177 F.Supp. 660 (1959)

CHICAGO MERCANTILE EXCHANGE et al., Plaintiffs, v. Robert TIEKEN, United States District Attorney for the Northern District of Illinois, Defendant.

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

September 30, 1959.


Attorney(s) appearing for the Case

J. Arthur Miller, Glenn G. Paxton and Jack K. Hudson, Campbell, Miller, Carroll & Paxton, Chicago, Ill., Donald R. Richberg, Washington, D. C., of counsel, for plaintiffs.

George Cochran Doub, Asst. Atty. Gen., Robert Tieken, U. S. Atty., Chicago, Ill., Donald B. MacGuineas, Harland F. Leathers, and Richard M. Meyer, Attys., Dept. of Justice, Washington, D. C., for defendant.

Harold W. Norman and George H. Redding, Jr., Norman, Engelhardt & Zimmerman, Chicago, Ill., for defendant-intervener.

Before HASTINGS, Circuit Judge, and PERRY and HOFFMAN, District Judges.


HASTINGS, Circuit Judge.

The sole question presented by the Government's motion to strike certain portions of the complaint in this case is whether this court can and/or should take evidence to test plaintiffs' assertion that there is no rational basis in fact for the act of Congress prohibiting contracts for the sale of onions for future delivery on or subject to the rules of any board of trade in the United States. See Title 7 U.S.C.A. § 13-1. Basically, it...

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