Document 6RX349oQ5oD2MMw5gjrGzeN21

ALEXANDER & GREEN CLIFTON P. WILLIAMSON ARCHIBALD A. GUUCK EDWARD W. BOURNE JAMES D. EWING LASATER TERRELL DONALD M. DUNN ANDREW OLIVER ALFRED OGDEN CLYDE W. SORRELL CHRISTIAN H. GENGHOF EUGENE Z. Du BOSE EDWARD E. RIGNEY fpswj FEB Z < 1357 1 Te l e p h o n e REc t o r 2-A290 CABLES :"MACC CO K, NEW YORK" '-As/r&aduwu' February 87, 1957 The Reporter of heclelons Supreme Court at the tSalted Statea Washington, 8. e. Sear Sirs Hi the page proof of the Court's slip minion In the above-entitled oat*, ths Court inadverisntly lndioated that ths respondents had never appealed from tha Camaission's findings that ^wgr wore guilty of a eonepiracy to adopt and use a seam delivered prising system in the mis of lead pigments* Specifically, the last sentenes of the follow ing quotation from page 10 of the Court's opinion seems clearly to givo that erroneous impression> "fhe respondents were found to have plainly disregarded the law, Hi this respect the commis sion correctly considered the eireumatanee# under which Hs illegal sets oeeurred. Thorn in utter disregard of law, as hers, *eall for repj*eaaion fey sterner measures than where the step* eeuld reasonably have been thought peimisslbl#. * United v* Chited States Qypsum Co.* Jto b.*`TT, 1 Actually, the reasKntdente1 petitions for review of the order of the Commission in tha Court of Appeals for NL 000040480 the Reporter of peeislons February 27, 19*57 the Seventh Circuit specifically sought reversal of the Cowission's findings of conspiracy. to feet, the largest iagle portion of to* brief and appendix filed by national teed Mny la tb* Saraetb Circuit (bUh were adapted % toe otoer respondents) was devotee to that issue, dgsia, iPm the ffnaat salon ougbt revise of 2t gusstioa nee decided by toe Peart, respondent* filed a own peti tion for a writ of certiorari (*. 877, October Torn, 1985)* la which the firet too ''Question* Presented" were stated as felloes (Cross Petition, p f)i "1. toother a finding of conspiracy any bo based solely oa evidence of ac tivities concerned with tbs female* tisn ef aa m Code, undertaken by aeabers of sa iadustry at toe iaaia* tease of mt& officials, 2* Whether, in say event, three is sub stantial evidence, in the light of the tools record, to support the finding of conspiracy*" the respondents* cross petitiea ess denied, * jjdaagsi-fgMe. flowwissiea, 351 .s. todsr thess circumstances ve subalt that the statement on page 1C of the Court*e opinion that "Re spondents asde m sppsal from toe fladings as to their guilt* is lasceuraie. to aany of too press reports concerning toe Court** decision in this case, that particular sentence has been jqphtiiiad sad m believs it gives a wrong im pression of what actually occurred, # re> o* oMmoMoshi *m 1* tbs Cn--1 >slon*s Brief in this ease (p. 7, note 3) refers to the feet tost such a eroaa petition was filed. Hl 000040481 fib* Roportor of Booiaicma i3` ar, 1957 Hi t&orcfevo roapoetfulljr iffBMt that th* loot Boatonco of tho abovo-quofcad portion of tho Court* opinion Bo dolotod or albonaw eorroctod ao i not to Bo niolooding, fbli lotto? i Bolag vrittan on Bdfeolf of couneol for oil PBBpondonta. Vory truly jroura, EUGENE Z. DuBOSE ran Y&s, Spac. Sol. Counaol for ronpontfoat Motional load Coapany 1 NL 000040482