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ALLIS-CHALMERS MFG. CO. v. WHITE CONSOLIDATED INDUS., INC.

Civ. A. No. 3646.

294 F.Supp. 1263 (1969)

ALLIS-CHALMERS MANUFACTURING COMPANY, Plaintiff, v. WHITE CONSOLIDATED INDUSTRIES, INC., Defendant.

United States District Court District of Delaware.

January 22, 1969.

Attorney(s) appearing for the Case

S. Samuel Arsht and Lewis S. Black, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., S. Hazard Gillespie, Roland W. Donnem, and Christopher Crowley, Davis, Polk & Wardell, New York City, John S. Lieb, Milwaukee, Wis., for plaintiff.

Blaine T. Phillips, Potter, Anderson & Corroon, Wilmington, Del., George I. Meisel, Richard M. Donaldson and John T. Scott, Jr., Squire, Sanders & Dempsey, and Ward Smith, for White Consolidated Industries, Inc., Cleveland, Ohio, for defendant.

OPINION

WRIGHT, Chief Judge.

This is an action by plaintiff, Allis-Chalmers Manufacturing Company (Allis-Chalmers), for a preliminary injunction restraining defendant, White Consolidated Industries, Inc., (White), from violating § 7 of the Clayton Act, 15 U.S.C. § 18, by exercising its present stock interest in or acquiring further stock interest in Allis-Chalmers.1 Jurisdiction is based on 28 U.S.C. § 1651(a)...

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