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U.S. v. PRICE BROS. CO.

Crim. No. 88-CR-80780-DT.

721 F.Supp. 869 (1989)

UNITED STATES of America, Plaintiff, v. PRICE BROTHERS COMPANY, Superior Products Company, J. Warren Back, Richard U. Rex, and William P. McDermott, Defendants.

United States District Court, E.D. Michigan, S.D.

September 26, 1989.

Attorney(s) appearing for the Case

David F. Hils, U.S. Dept. of Justice, Antitrust Div., Cleveland, Ohio, for U.S.

William A. Sankbeil, Edward C. Cutlip, Jr., Detroit, Mich., for Price Bros. Co.

Leslie W. Jacobs, Thomas F. Zych, Cleveland, Ohio, David F. Dumouchel, Detroit, Mich., for Superior Products Co.

Kenneth M. Mogill, Eugene Driker, Andrew M. Zack, Detroit, Mich., for J. Warren Back.

Leslie W. Jacobs, Thomas F. Zych, Cleveland, Ohio, for Richard U. Rex.

Gregory L. Curtner, S. Allen Early III, Detroit, Mich., for William P. McDermott.

MEMORANDUM OPINION AND ORDER

WOODS, District Judge.

All defendants jointly move this Court, pursuant to F.R.Crim.P. 12(b)(1), to dismiss the indictment in this action. Defendants claim that defects in the institution of the prosecution of this case have resulted in violations of their Fourth and Fifth Amendment rights.

I.

In brief, defendants allege that, for over fifty years, there has been in existence a liaison agreement (the Agreement...

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