UNITED STATES v. CONCENTRATED PHOSPHATE EXPORT ASS'N

64 Civ. 3914.

273 F.Supp. 263 (1967)

UNITED STATES of America, Plaintiff, v. The CONCENTRATED PHOSPHATE EXPORT ASSOCIATION, Inc., American Cyanamid Company, W. R. Grace & Co., International Minerals & Chemical Corporation, Tennessee Corporation and Socony Mobil Oil Company, Inc., Defendants.

United States District Court S. D. New York.

September 11, 1967.


Attorney(s) appearing for the Case

Donald Turner, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for plaintiff (Burton R. Thorman, E. Leo Backus, Larry D. Knippa, Robert K. Johnson, Washington, D. C., of counsel).

Hollabaugh & Jacobs, Washington, D. C., for defendant The Concentrated Phosphate Export Ass'n Inc. (Marcus A. Hollabaugh and Alan S. Ward, Washington, D. C., of counsel).

Donovan Leisure, Newton & Irvine, New York City, for defendant American Cyanamid Co. (Samuel W. Murphy, Jr., Andrew J. Kilcarr and Vernon E. Vig, New York City, of counsel).

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for defendant W. R. Grace & Co. (Douglas E. Cutler and Peter H. Schuck, New York City, of counsel).

White & Case, New York City, for defendant International Minerals & Chemical Corp. (Edgar E. Barton and Abdul W. Wohabe, New York City of counsel).

Guggenheimer & Untermyer, New York City, for defendant Tennessee Corp. (Randolph Guggenheimer, Leon H. Tykulsker and Randolph Guggenheimer, Jr., New York City, of counsel).

Howrey, Simon, Baker & Murchison, Washington, D. C., for defendant Mobil Oil Corp. (Edward F. Howrey and John Bodner, Jr., Washington, D. C., of counsel).


OPINION

RYAN, District Judge:

This is an action brought to enjoin the price-fixing and business allocation activities of five fertilizer producers in connection with sales of fertilizer, made under the United States Foreign Aid Program, which was destined for the Republic of Korea. The challenged activities were conducted through the defendant Concentrated Phosphate Export Association, Inc. (CPEA), organized by the other defendants, or their respective corporate...

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