UNITED STATES v. VIBRADAMP CORPORATION

Civ. No. 65-792.

257 F.Supp. 931 (1966)

UNITED STATES of America, Plaintiff, v. VIBRADAMP CORPORATION et al., Defendant.

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

September 7, 1966.


Attorney(s) appearing for the Case

Manuel L. Real, U. S. Atty., Frederick M. Brosio, Jr., and M. Morton Freilich, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff.

Gibson, Dunn & Crutcher, Frederic H. Sturdy, Irwin F. Woodland, Los Angeles, Cal., for defendant Libbey-Owens Ford Glass Co.

Joseph T. Thompson, Beverly Hills, and Stephens, Jones, La Fever & Smith, Los Angeles, Cal., for defendants Frank J. Muller; James Muller; John Muller; Margaret Muller; Mark David Muller; Timothy Muller; Walter Muller; Mary Margaret Thompson; Diana Marite Thompson; Estate of Walter Muller through Frank Muller, Coexecutor, and through United California Bank, a national banking association, Coexecutor; and Frank Muller, in his capacity as Coexecutor of Estate of Walter Muller and as Trustee; and United California Bank, a national banking association, as Trustee.

Swanwick, Donnelly & Proudfit, Los Angeles, Cal., for United California Bank, a national banking association, individually.

Conroy & Conroy, Edward L. Conroy, Los Angeles, Cal., McDermott, Will & Emery, Theodore A. Groenke, Chicago, Ill., for defendant Frank Muller, individually.


MEMORANDUM OF DECISION AND ORDER

GRAY, District Judge.

All of the defendants in this action have moved to dismiss the Government's amended complaint for various reasons that will be discussed in this memorandum. The matter has been argued and submitted for decision. The facts are as follows:

In 1951, Frank and Walter Muller were principal owners of Vibradamp Corporation, which company sought and obtained, on March 31, 1951, a manufacturing contract...

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