UNITED STATES v. ARMOUR AND COMPANY

Crim. No. 30936.

214 F.Supp. 123 (1963)

UNITED STATES of America, Plaintiff, v. ARMOUR AND COMPANY et al., Defendants.

United States District Court S. D. California, Central Division.

February 13, 1963.


Attorney(s) appearing for the Case

Stanley E. Disney, Anthony E. Desmond, Antitrust Division, Department of Justice, Los Angeles, Cal., for plaintiff.

Lawler, Felix & Hall, Marcus Mattson, J. Phillip Nevins, Los Angeles, Cal., for defendants Armour and Company, Grant M. Farley and Milo B. Medlock.

Faulkner, Sheehan & Wiseman, Harold C. Faulkner, San Francisco, Cal., for defendants Corn Products Company and Stan D. Goodman.

McCutchen, Black, Harnagel & Shea, Philip K. Verleger, G. Richard Doty, Los Angeles, Cal., for defendants The Cudahy Packing Company and Harold B. Reed.

Overton, Lyman & Prince, Carl J. Schuck, Ernest E. Johnson, Los Angeles, Cal., for defendants The Glidden Company, George F. Atkinson and R. J. Hauer.

Philip Patterson, Fullerton, Cal., and Ball, Hunt & Hart, Joseph A. Ball, Clark Heggeness, Long Beach, Cal., for defendants Wesson Oil & Snowdrift Sales Co., Pierce L. Brothers and Horace Rowley.

Wm. F. McKenna, Paul Fitting, Los Angeles, Cal., and Arnold, Fortas & Porter, Victor H. Kramer, William L. McGovern, Washington, D. C., for defendant Lever Brothers Company.

O'Melveny & Myers, Warren M. Christopher, Rodney E. Nelson, Los Angeles, Cal., and Covington & Burling, Paul C. Warnke, John W. Douglas, Washington, D. C., for defendants The Procter & Gamble Distributing Co. and Fred L. Onken.

Gibson, Dunn & Crutcher, Julian O. Von Kalinowski, John J. Hanson, Los Angeles, Cal., for defendants Swift & Company, J. D. Fleming and H. B. Paisley.

Hill, Farrer & Burrill, Frank D. MacDowell, Los Angeles, Cal., for defendants Vegetable Oil Products Company, Inc., William L. Dickinson and Ray Wear.

J. Edward Simpson, Los Angeles, Cal., for defendant Wilson & Co., Inc.


CURTIS, District Judge.

The defendants were indicted for conspiracy to violate Section 1 of the Sherman Act. It appears that 18 of the Grand Jurors were present and voted to return the indictment, but the defendants have jointly moved to dismiss the indictment, contending that of those who voted for its return there were not 12 who had been present at all sessions and had heard all of the evidence. This is not a valid ground for dismissal. It is the function of the...

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