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UNITED STATES v. DU PONT & CO.

No. 55.

366 U.S. 316 (1961)

UNITED STATES v. E. I. DU PONT DE NEMOURS & CO. ET AL.

Supreme Court of United States.

Decided May 22, 1961.

Attorney(s) appearing for the Case

John F. Davis argued the cause for the United States. With him on the briefs were former Solicitor General Rankin, Solicitor General Cox, Acting Assistant Attorney General Bicks, Acting Assistant Attorney General Kirkpatrick, Philip Elman, Charles H. Weston and Bill G. Andrews.

Hugh B. Cox argued the cause for E. I. du Pont de Nemours & Co., appellee. With him on the brief were John Lord O'Brian, Charles A. Horsky, Daniel M. Gribbon, Nestor S. Foley and Alvin Friedman.

Robert L. Stern argued the cause for General Motors Corp., appellee. With him on the brief were Leo F. Tierney, Bryson P. Burnham, Henry M. Hogan and Robert A. Nitschke.

Wilkie Bushby argued the cause for Christiana Securities Co. et al., appellees. With him on the brief was Philip C. Scott.

Briefs of amici curiae, urging affirmance, were filed by Andrew J. Dallstream and Manuel E. Cowen for du Pont and General Motors shareholders, respectively, and by Joseph M. Proskauer and Harold H. Levin for Clara M. Blum et al.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The United States filed this action in 1949 in the District Court for the Northern District of Illinois. The complaint alleged that the ownership and use by appellee E. I. du Pont de Nemours & Co. of approximately 23 percent of the voting common stock of appellee General Motors Corporation was a violation of sections 1 and 2 of the Sherman Act, 15 U. S. C. §§ 1,2, and of section 7 of the Clayton...

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