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UNITED STATES v. CHAS. PFIZER & CO.

217 F.Supp. 199 (1963)

UNITED STATES of America, v. CHAS. PFIZER & CO., Inc., John E. McKeen, American Cyanamid Company, Wilbur G. Malcolm, Bristol-Myers Company and Frederic N. Schwartz, Defendants.

United States District Court S. D. New York.

April 30, 1963.

Attorney(s) appearing for the Case

John J. Galgay, Atty., Dept. of Justice, by Herman Gelfand, Gerald R. Dicker, Stanley W. Nathanson, New York City, for the United States.

John F. Wood, New York City, for Chas. Pfizer & Co., Inc. and John E. McKeen.

Donovan, Leisure, Newton & Irvine, New York City, for American Cyanamid Co. and Wilbur G. Malcolm.

Winthrop, Stimson, Putnam & Roberts, New York City, for Bristol-Myers Co. and Frederic N. Schwartz.

RYAN, Chief Judge.

Defendants have moved to strike from the indictment allegations of "unreasonably high prices" and "unreasonably high profits" contained in Paragraphs 37, 42 of the section entitled "Background of the Conspiracy"; Paragraph 46(J) and (K) listing "means and methods" used to effectuate the conspiracy; and Paragraph 47(a)-(e) of "Effects of the Combination and Conspiracy"; and these paragraphs as realleged in Counts Two (Paragraphs 49, 52 and 53) and...

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