Document Jrjk25kRbBj2J43XXoX2xDXNO

FILE NAME: National Safety Council (NSC) DATE: 1942 Jan 19 DOC#: NSC288 DOCUMENT DESCRIPTION: Legal - Answer of Respondent Donald Tulloch, Jr. to Amended Complaint 1 To j I u .'.DLD COhPhAIhl__ Donald Tulloch, Jr., ere cf the respondents named in this proceeding, answers the amended comnlai'-'t. by his attorneys Cadwalader, 'wicker sham & Taft, and incorporates in this answer by reference and repeats with respect to the amended complaint all the admissions, denials and statements set forth in his answer to the original complaint and all the statements contained in the separate and complete defense and enplanetion of alleged facts in the original complaint, and further: 1. Answering the paragraph of the amended com plaint immediately preceding paragraph (ll) of Paragraph 1TIITE, Respondent admits that a merchandising plan -mas adopted during the period the national Industrial Recovery Act was in effect by some of the respondent corporations, and that said merchandising plan was not personally approved by the Administrator of the national Recovery AcLministr&tion, but denies that such personal approval was necessary to namce 254 I adherence to the said merchandising plan obligatory upon the members of the Industry and states that the failure of the Administrator to disapprove the said merchandising plan con stituted in legal effect an approval of the same. 2. Further answering the new matter appearing in said amended complaint Respondent denies knowledge of the nev: iacts alleged in the last paragraph of Paragraph CMS, the fifth paragraph of Paragraph TWO, and the first pari graph of Paragraph T'hRhh and denies that any sub-license agreement v:as entered into between The Philip Carey Company and. Respondent. h'HSRRFORh, Donald Tulloch, Jr. respectfully reauests that the complaint in this proceeding be dismissed in so far as it relates to him. Cadwalader, wickersham & Taft, /} Attorneys for Donald Tulloch, Jr. 14 Wall Street, Hew Fork, H. Y. 256