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UNITED STATES v. ARCOS CORPORATION

No. Cr. 64-200.

234 F.Supp. 355 (1964)

UNITED STATES of America, Plaintiff, v. ARCOS CORPORATION, The McKay Company, Air Reduction Company, Incorporated, and Alloy Rods Company, Defendants.

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

September 22, 1964.

Attorney(s) appearing for the Case

Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, Lester P. Kauffmann and Rodman M. Douglas, Cleveland, Ohio, of counsel. William H. Orrick, Jr., Asst. Atty. Gen., Harry G. Sklarsky and Norman H. Seidler, Dept. of Justice, Washington, D. C., for plaintiff.

Walter A. Bates, Cleveland, Ohio, Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, of counsel; Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for defendant Alloy Rods Co.

GREEN, District Judge.

On May 11, 1964 an indictment was returned in this court against four defendants, charging a conspiracy under the Sherman Act, 15 U.S.C.A. § 1.

Defendant Alloy Rods Company has moved for a dismissal of the indictment as to it, Rule 12, Federal Rules of Criminal Procedure. The basis of the said motion is that Alloy Rods has been dissolved as a corporation, and consequently no longer "exists" for purposes of criminal prosecution....

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