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UNITED STATES v. DIEBOLD, INC.

No. 286.

369 U.S. 654 (1962)

UNITED STATES v. DIEBOLD, INCORPORATED.

Supreme Court of United States.

Decided May 14, 1962.

Attorney(s) appearing for the Case

Daniel M. Friedman argued the cause for the United States. With him on the briefs were Solicitor General Cox, Assistant Attorney General Loevinger, Richard A. Solomon and Irwin A. Seibel.

William L. McGovern argued the cause for appellee. With him on the briefs were Abe Fortas and Victor H. Kramer.

Edgar Barton filed a brief for the Mosler Safe Co. in opposition to appellee's motion to unseal sealed papers.

PER CURIAM.

This is a civil antitrust suit by the Government challenging Diebold's acquisition of the assets of the Herring-Hall-Marvin Safe Company as being violative of § 7 of the Clayton Act. On motion of Diebold the District Court entered summary judgment against the Government on the ground that the acquired firm was a "failing company" under the doctrine of International Shoe Co. v. Federal Trade Comm'n, 280 U.S. 291

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