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U.S. v. YONKERS CONTRACTING CO., INC.

No. 87 Cr. 0559 (GLG).

682 F.Supp. 757 (1988)

UNITED STATES of America, v. YONKERS CONTRACTING COMPANY, INC.; Maybrook Industries, Inc.; Sullivan Highway Products, Inc.; Dutchess Quarry & Supply Co., Inc.; Edward J. Petrillo, Jr.; Nicholas F. Badami; Patrick W. Reardon; and Edmund V. Caplicki, Defendants.

United States District Court, S.D. New York.

March 28, 1988.

Attorney(s) appearing for the Case

Ralph T. Giordano, Dept. of Justice, Antitrust Div., New York City (Rebecca Meiklejohn, Geoffrey Swaebe, Jr., Robert Einstein, of counsel), for U.S.

Berman Paley Goldstein & Berman, New York City (David R. Paley, of counsel), for Yonkers Contracting Co., Inc.

Burke & McGlinn, Suffern, N.Y. (Patrick T. Burke, of counsel), for Maybrook Industries, Inc. and Nicholas F. Badami.

Patterson Belknap Webb & Tyler, New York City (Frederick T. Davis, of counsel), for Sullivan Highway Products, Inc. and Patrick W. Reardon.

Shea & Gould, New York City (Ronald H. Alenstein, of counsel), for Dutchess Quarry & Supply Co., Inc.

Baden Kramer Huffman & Brodsky, P.C., New York City (William M. Brodsky, of counsel), for Edward J. Petrillo, Jr.

Stillman, Friedman & Shaw, New York City (Charles Stillman, of counsel), for Edmund V. Caplicki.

OPINION

GOETTEL, District Judge:

The defendants in this case have been charged with criminal violations of the antitrust laws with respect to asphalt-paving contracts in Orange County. They have moved to dismiss the indictment on grounds that there were an insufficient number of blacks and Hispanics (referred to occasionally hereinafter as "minorities") on the grand jury which voted the indictment. They contend that this underrepresentation violates the...

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