Document RpmZ5LXR8JJyK7mXYBOyZgvMk
WILENTZ GOLDMAN & SPITZER
ATTORNEYS AT LAW A PROFESSIONAL CORPORATION
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T WILENTZ (1919-1963) G GEORGE GOLDMAN (1922-1959) HENRY M. SPITZER (192&-1988)
WARREN W. VULENTZ MATTHIAS D. DILEO
MORRIS BROWN<
FNRliYEHDfEitRAICS KI . SBAErCnKTTElRfl/'ASSn
RICHARD F. LERT1 JOHNA HOFFWN STEPHEN E BARCAN ROBERT J. CIRAFESI FRANCIS V.BONELLO
VnAINVCiEnNMTvPu.iMi rAiRLTTPEiSwE
ALAN M. DARNELL GORDON J. GOLUM
FRANK M. ClUFFANi < MARVIN J.BRAUTH1 STUART A HOBERMAN1'2
STEPHEN A SETTER R!CI LARD R. DONAMO1 ANNE S. BABINEAU1 CHRISTINE D. PETRUZZELL ROGER B. KAPLAN1 BRIAN J.MOLLOY RANDALL J. RICHARDS BARRY T.ALBIN0 SHELDON E. JAFFE7 STUART T. COX, JR. JOSEPH J. JANKOWSKI FREDERICK J. DENNEKY ROY H TANZMAN1 STEVEN J. TRIPP CHRISTOPHER M. PLACITELLA1 JA1J.EIZI1EWVSKI MYRON ROSNER1
ALAN WASSERMANc* JAMES E. TRABILSY MAUREENS. BINETTI ANTHONY J. PANNELLA JR.
MICHAEL J. BARRETT JEFFREY R. RICH1 MICHAEL, F, SCHAFF14 ANGELO JOHN CIFALDI LESUE JEDOIS LANG FRANCIS X. JOURNICK, JR. KEVIN M. BERRY1 LOUIS T DeLUCIA NOELS. TONNEMAN* FRANK M. ORTIZ1 JOI IN T. KELLY1 C. KENNETH SHANK1 BARRY A. COOKE2 JON G. KUPIUK PETER R. HERMAN1 EDWARD T.KOLE HESSER G. McBRIOE, JR.
ERROICeEJORHTNC.MKAARUCTYi1-5
VIOLA S. LORD!5 JEFFREY K. EPSTEIN1 LYNNE M.KIZIS STEVEN P. MARSHALL DOUGLAS WATSON LUBIC1 CHERYL J. OBEROORF LISA A. GORAB1 RUSSELL J. FISHKIND1 FRED HOPKE1 CHARLES F.VUOTTO, JR. DONALD E. TAYLOR5 BARRY R. SUGARMAN1 BRETT R. HARRIS1'*
Or GOUNGCL.
ROBERT A PET1TO HAROLD G. SMITH ALFRED J. HILL CLAY CONSTANTINOU ALAN B. HANDLER
COUNSEL
dayidt. rcrc
WILLIAM J. LINTON
ASSOCIATES
LINDA LASHBROOK BETSYANN ROSENBLOOM
YVONNE MARCUSE
SUSANNE S. O'DONOHUE3 ELIZABETH C. DELL1 ABBY REBNIC-K-PARIGIAN*4 RISAA KLEINERis RUTH D. MARCUS* MITCHELL RAIT1'5 RICHARD J BYRNES ROBERT T. HAEFELE5 RICHARD S. PANITCH RODCFCTO DCNTCO ALAN J. BRODY1 MATTHEW M. WEISSMAN1 ALFRED M. ANTHONY1 LEE ANN McCABE DARREN M.GELBER1
HELEN C. LEE1 ELIZABETH TAKLEY ML/KHHY NANCY A. SLOWE1
JAMES L. PETSCHE KELLYA ERHARDT2 CHRISTOPHERW. HAGER7 JAMES E. TONREY.JR.1 ANDREA WHITE O'BRIEN1 TIMOTHY J. ANGLER2
KIRSTEN SCHEURER DONNA M. JENNINGS ELIZABETH SISOBAIR PAUL LEVINSOHN ROMAN B. HIRNIAK QIOVANMIAMZALOME STEVEN R.ENIS1
JORDAN S. FRIEDMAN1 PETER A GREENBAUM' M. MATTHEW MANNION6 JOHN J. RACHINSKY2 CHRISTINE M. RiGNEY1 DANIELM. OERVE30 ELIZABETH W. EATON WILLIAM MATSIKOUDIS1 COURTENAY C. HANSEN1 TODD E. LENDER48
JOHN M. CANTALUPO1 JOHN E. HOGAN1
February 23, 2001
VALERIE A. JACKSON VALERIE L MEYERS*1 UHtGUKY B. E'JUtJLfc DONNA A McfiARRON DANIEL W.ZAPPO1 THOMAS R COOPER IV1 SHANE K FREEDMAN1 DANIEL R. WASP8 RAVI SATTIRAJU UTNIMIAA LteSjUUSA' DANIEL A. HAGAN KAILEEN T. ALSTON1 THOMAS J. BERNARDO JOHN B. BITAR MARIA K. ANASTASIA1 JOSEPH L. VELASCO5 JOHN P. MUKUUGh II EDWARD J. ALBOWICZ MATTHEW G. BRQDERSON2 ANNA I. MONFORTH LAUREN D.PYTLESKI DAVID J.TREACY
a Certified Cwil Trial Attorney
Certified Criminal Trial Attorney
t Ceitlfled Matrimonial Attorney
f Certfed Workers Compensation Attorney 4 National Certified Civil Trial Specialist
1 Also admitted in NY
2 Also admitted in PA
3 Also admitted in CT
4 Also admitted in DC 5 Also admitted in MA
6 Also admitted in MD
7 Also admitted in VI
flOnlyadmittedinNY
9 Also admttedin CO
UPS-SATURDAY DELIVERY Dr. David Egilman 9 West Street Foxboro, Massachusetts
02035
Re: Brake Lining Manufacturer Association, Inc. Anti-Trust Litigation
Dear Dr. Egilman:
Please find enclosed, copies of the three Indictments from the 1947 Anti-Trust Litigation commenced in the Southern District of New York against the Brake Lining Manufacturers Association, Inc. and its member Corporations. Also included is a copy of the reparation schedule as well as the Judgements entered against the defendants upon their pleas of nolo conterdere.
These dooumonte wore oopied from the originals which are
located in the National Archives' Northeast Region facility in New York City.
#5532857 (026103.002)
WILENTZ GOLDMAN & SPITZER
ATTORNEYS AT LAW A PROFESSIONAL CORPORATION
Dr. David Egilman February 23, 2001
Page 2
X trust these documentations satisfy your request. If X
can be of further assistance in this regard, please feel free to
call.
_
Very.trulyi ydurs,
DRW/ab Enclosures
iel R. Wasp
#5532857 (026103.002)
f 3mss lining i-Lffiira'ACrjaras' association, iso. AMERICAN BRAKE SHOE COMPANY1 ASBESTOS KAIOTACTURING COMPANY BSfDIX AVIASXON CORPORATION Hess & METAL PRODUCTS, INC. PIEESTONE TIRE AND RUBBER CGI-!?ANY GATKE CORPORATION GENERAL MOTORS CORPORATION
k GRIZZLY KAHUPACTjP-ING COMPANY JOHNS-MANVILLS CORPORATION LASCO BRAKE PRODUCTS COEP., LTD, L. J. MILEY CO. PHASIS TIER & RUBBER CO. RAEBS5KI5-MANHA2TAH, IHC. RUSSELL MANUFACTURING 00. SCANDINAVIA BELYING COMPANY SOUTHERN FRICTION MATERIALS COEP. IHEHiOID CO, WORLD BESTOS CORP. PEED J. KELLY HABST SUITE C. q, SKIIK I. TUTTLE L. E. WILSON K. U, NASHOLDS A. J. HOBIM J. A. BLAKE P. C. HEPBURN E. G. BERNGBT T. L. GATES H. C. BEEKELY J. G. BROWN P. V. SHELTON L. tf. CASSIDY U, S. DOYLE J. R, GLAZjULOOK C. M. JORGENSEN
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M. STE3SK ' lUEBER MARSHALL 0. E. EITTEB 0, S. CIUJT ECBEHT B. DATIS WILLIAM H. DUJJK H, ffiHOEIDYSE HOBMAN Titi^ p JX. J. I, EC'ACH C. V/, SACHS S. J. SYNBDTT J. E. HOMS E. S. ICEANE Or. M. WILLIAMS Xi. S. SULLIVAN V. A. SPINA HOMED SNOW T. S, ALIEN A. L. CAKFBSU. H. T. SCHECKLEB. SEED E, SCHLHTEE L. 0. KffiS&AED i DONALD H. STIOES
DEFENDANTS
INDICTMENT
The Grand Jury chargees
OOUNT ONE
DEFINITIONS
1. The term "brake linings" wherever referred to in this
indictment, means asbestos brake linings used for replacement
purposes in motor vehicles and in industrial equipment.
THE DEFENDANTS
2. Brake lining Manufacturers' Association, Inc, (hereinafter
referred to as the Association) is hereby indicted and made a
2
defendant herein. She Association is a. mastership corporation organised, under and existing ty virtue of the lavs of the State of New Torit and has its principal place of business in Hew fork City. It is a trade association whose members are manufacturers of friction materials. Including brace linings*
3. She following naned companies are hereby indicted and made defendants herein. Each of said defendants has been organized under and exists by virtue of the laws of the state Indicated below and each such defendant has its principal office and place of busi ness In the city designated. Each of said defendants, during ell or part of the period covered by this indictment, including the period within the statute of limitations, has been engaged in selling brake linings and has been and is a member of the defendant Association.
State of __________ PafcnflgT't____________________
Principal Place nf Eudinesfi
.American Brake Shoe Company
Delaware
Detroit. Mich.
Asbestos Manufacturing Company
Indiana
Huntington, Dad.
Bendix Aviation Corporation
Delaware
Detroit, Mich.
1
Pibre St Metal Products, Inc.
California
Downey, Cal.
Plrestone Tire and Sibber Company Ohio
Akron, Ohio
Gatie Corporation
Illinois
Chicago, 111.
General Motors Corporation
Delaware
Detroit, Mich.
Grizzly Manufocturitg Company
California
Bell, Cal.
Johne-Manville Corporation
Hew fork
Hew fork, H. Y.
lasco Brake Producte Corp., Ltd. California
Oakland, Cal.
1. J, Miley Co.
Illinois
Chicago, 111.
Pharis Tire & Bubber Co.
Ohio
Mevsik, Ohio
Raybestoe*Manhattan, Inc.
Hew Jersey
Passaic, H. J.
X
Euaaall Manufacturing Co.
Scandinavia Belting Company Southern Friction Materials Corp,
Thermoid Co.
World Bestos Corp.
Connecticut Maine H. Carolina Delaware ITew Jersey
Middletown, Conn, Kewark, 3. J. Charlotte, H. C. Trenton, 1!. J. Paterson, IT. J.
Collectively th above-named defendants arc hereinafter referred to as the
corporate defendants,
4. The following individuals art horaby indicted end aeie defendanta
herein, Bach, is associated with a defendant corporation in the capacity
shown helow. Each said defendant during all or a part of the period covered
hy this indictment, including the period within the statute of limitations,
has authorized, ordered or dons the acts alleged herein to have teen in
violation of lav;:
Delenlant
Corporate Defendant with which Associated
Title or Position
Address
Fred J, Belly 5gxry Qeifch.
c. Q. Smith
American Brake American, Brahe American Brake
Mgr. ' Detroit, Mich. Asst.Mgr. Detroit, Mich. Asst.toBws. Detroit, Mich.
i. wf (Pu.ttl5 L. E, Wilson
fV . V/. T'^-gholds
Asbestos Mfg* Asbestos I'Efg, Bendix. AviatioA
V. Pres. Huntington, ini.
Sec.& Treas,. Huntington, Ind.
Asst*Sales Mgr, Troy, S, Y,
A. J. P.oemer
Bendlx Aviation
Sale* Mgr. Troy, IT, I,
J. A. Blake
Fibre & Metals
7. Pres.
Downsy, Cal.
F. C. Hepburn
Firestone
Brake Liiw ing Dept. Alnvm, Ohio
3. G. Berngen tr L, Gatke H. C, Berkely
Gatke Gatke General Motors
Sec't.
Chicago, 111.
Pre3.
Chicago, 111.
Sales Mgr. Dayton, Ohio
J. G. Brown F. Shelton
Grizzly Grizzly
Sales Mgr. Paulding, Ohio Paulding, Ohio
4
L. H. Cassidy J. S. Doyle J, R. Glazebrook 0. M. Jorgensen M. Stsder Furher Marshall
3. Hitter 0. H. Cilia" Robert jj. Davis William 3. Dunn H. GroeiuM/V-e Hornan Leeds, Jr. J * D, P.o&oh C,. V. Sachs S. J- Syjmott J, R. Howie ?. 3. Realm (J, K. Williams L. 3. Sullivan V. A. Spina Howard Snow T. 3. Allen A. L. Cmcce-il K. 1. Schec'oler Fred 3. Schluter L. G. Kersgard Donald H. Suicer
Johne-Hanville
Johns-Manvilie Johns-Manville
Lasco L. J. Miley
Pharis Pharis
Eaybestos
Eaybestos
Eaybestos Eaybestos
Eaybestos Eaybestos
Eaybestos
'
Rsyfcestoo
Eussell
"Rll qgAll
Russell
Eussell
Scandinavia
Southern Friction
The mold
Thermoid
Thermoid
Thermoid
World Bestos
World 3estos
Y. Pres. Staff Mgr. Staff member
Dew York Kew York Mew York
Sales Mgr. Sal a 3 Mgr. Pres. Spies Mgr.
Oakland, Sal. Chicago, 111, Ridgeway, pa. Ridgeway, Pa.
7. Pres. 7. Pres.
ilsnheia, Pa. Bridgeport, Conn.
Cornet. Mgr.
Passaic, H. J. Passaic, iT. J.
Gen. Sales Mgr. Bridgeport, Conn. Sales Sngiaeer Mwnhelin, Pa.
ligr. Mgr.
Uamheias, Pa. Passaic, U. J".
Mgr.
Middletown, Conn.
Aviof'ictive Div. Middletown, Conn.
Pres.
Middletown, Conn.
Mgr,
Middletown, Conn.
Treas.
Eewar'r, U. J.
Pres.
Charlotte, 1!. 0.
Asst, to Pres. Trenton, K. J.
Sales Dept. Mgr.
Trenton, S. J. Trenton, IT. J.
Pres. Mgr.
Tranton, E. J. Paterson, IT. J.
Pres.
Paterson, IT. J.
D35IPAPTICI7 OS' IEPU5THT AMD EATUTE 0? UTI3r-STAT3 TRADE AMD COMMERCE IiTTOLTED
5, The corporate defendr.nt3 manufacture end sell approximately
95^ of the brake linings manufactured end sold in the United States.
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la 1946, their seles amounted to approximately $35,000,000. 6. The corporate defendants sell brake linings primarily to
the following classes of customers! (1) other friction material
manufacturers, including other corporate defendants; (3) motor vehicle
and industrial equipment manufacturers; (3) distributors, jobbers and .
dealers; (4) large consumers such as municipal, state and federal govern
ments and owners of large fleets. The bulk of the sales are made to cus
tomers in class 3; In 194-5, such soles amounted to approximately
$25,500,000 or 73y- of the total sales of brake linings. This class of
distributors, jobbsro cad dealers resell mainly to retailers who in turn
recell to motor vehicle owners.
7, The corporate defendants manufacture brake linings In the States
of California, Connecticut, Ohio, Illinois, Indira?., Michigan, TTew Jersey,
"ev? York, north. Carolina and Pennsylvania
ship, therefrom to cus
tomers in every state in the United States.
COUBIEATIOIT AITS 001TSPIEA.0Y ' HI 5E3T5AIKT OF TSASB
8* Beginning sometime in 1927, the exact date being unknown to the C-rand Jurors, and continuing thereafter up to and including the
date of this indictment, the defendants rrnl other persons and corpo
rations unknown to the 3-rand Jurors have unlawfully combined and con
spired to fix, establish, maintain, control, manipulate and tamper with
the prices, terns :.ui conditions in the marketing of "oral: linings in
restraint of the aforesaid interstate trade and commerce.
9. The aforesaid combination and conspiracy has bean a continuing
one, the substantial terms of which have been that the defendants agree
that:
(a) The Association prepare o-r.d distribute among
the defendants uniform price lists;
(b) Each corporate defendant publish in its own
price lists the prices contained in the
Association price lists;
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Cc) The Association prepare and distribute among the defendants cdissiric^t1.oaa of customers; ,
(d) The Association prepare and distribute among the dn-Tuniform discounto, tins and con
ditions of sale to he rrar_t-3d purchasers in each
.,
such classixioaticn;
& (e) Each corporate defendant use the classifications of
customers, uniform discounts, terns and conditions
..
of sale in selling to purchasers;
(f) Each corporate defendant require its customers in their resales, to use discounts frca the list
_
nrices identical with those contained in the uniform discounts described in subparagraph (4)
,
above; (g) Each corporate defendant require retailers to sell
__
at the list prices;
Lt (h) Prom tine to time the price lists, classification
cf customers, discounts, terns end conditions of
sale, sales and resale prices would he changed.
EFT50T3 GE THE OOiuETlTIOE AI3 0C3T3PI5A3Y
'`
10. The aforesaid combination end conspiracy hereinabove alleged
has had the following effects with respect to brake linings as intended
by the defendants: (a) Erices have been increased at all levels of sale; '
(b) Prices have tended to become uniform at all levels
of scle;
(c) The public cud other purchasert have been charged high raid vml* 0.30 nibble uT-io}
(a) Substantially all price competition has been eliminated.
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7317JB II. The combination and conspiracy hereinbefore, alleged has been formed in part and carried out in oart within the Southern District of Hev/ York la the following manner:
(a) Meetings have been Held, in 2ew Yor.-t City at which the defendants have agreed with each other upon uniform list -orieea, classification of customers, discounts, terms, conditions,
' gales prices end resale prices;
(b) The Association has prepared in Sew York City l { uniform price lists, classification of customers,
discounts, terms and conditions which it has sent out to the defendants; () Substantial quantities of brake lining have been sold in Hew York City at the fixed prices, including sales to the City of Hew York,
>A xP.DE BILL:
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Clttlfc-MhOffi Tor mnafl.nn
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V?AL tea SJQLi J* CLA3K Attorney Oeneriil
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pmz a/it Attorney/
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JOSH ?. X. ac'GOHEY United States Attorne;
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3. FHAITCIS HAYDSET ' IEVIS&3. GLICEEELD, JOSEPH T, qrJIMAH cxiAITUHL o, CAtLT Special Assistants to the Attorney General
HOLHES LALDHIDGS
G3CHG3 3. HADDOCK
Special Assistants to the Attorney General
8
I
BRAKE LINING KANUFACITTEERS* ASSOCIATION, INC.
AMERICAN BRAKE SHOE COMPANY
ASBESTOS MANUFACTURING COMPANY-
FIBRE & METAL PRODUCTS, ISC. -
GAIKS CORPORATION '
GENERAL MOTORS CORPORATION -
GRIZZLY MANUFACTURIN G COMPANY
JOHNS-MANVILLE CORPORATION L. J. MILET 00, '
RAYBESTOS-liANHATTAN, INC. -
RUSSELL MANUFACTURING CO.
SCANDINAVIA BELTING COMPANY
SCWTHBIaf FEtOTIOtl MASBHTALS OOKP.
THSRMQID CO*
WORLD BESTOS CORP.-
FRED J, KELLY
HARRY SEITH
C. Q. SMITH
L. >7. TUTTLE
L. E. MLSON
U. A. BLAKE -
_
S. G. BESNGEtl
T. L. GATES
H. C. BESKELY
J, G. BROWN
F. W. SHELTON
L. M. CASSIDY-
J. S. DOYLE '
J. R. GLAZEBROOK '
Xi Snsu&K
o. h. cilletROBERT B. DAVIS -
ft,? LT.T
B 1BHH *
n* (ffioscByns ' NORMAN LEEDS, JR.
Ji D ROACH '
Ci Wi SJL^HS ' S. J. SSHHOiraJ. R. HOWIE
R. E. KEANE 0. M. WTTJ.TAMS
L. s. soium-
V. A. SHHA HOWARD SHOW
T. E. ATJJra `
A. L. CAMPBELLH, T. SCSBCKLBR
FRED E. SCHUJTEE
Li Ci KERSOARD DCMALD H. SPICER
DEFENDANTS
1 INDICTMENT
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DEFOIIXIOHS
1. The term "olutoh facing** wherever referred to in thin indiotment, means asbestos olutoh facings used for replacement purposes in motor vehicles and in industrial equipment.
THE laraaPANTS
S. Brake Lining Manufacturers' Association, Inc. (hereinafter
referred to as the Association) is hereby indicted and made a defendant
herein. The Association is a membership corporation organized under end
existing by virtue of the laws of the State of Hew York and has its
principal place of huainsas in flew York City, It is a trade associa
tion whose members are manufacturers of friction materials including
clutch facings.
3. The following-named companies are hereby indicted and made
defendants herein. Each of said dafandsnts has been organised under
Sr
I and exists by virtue of the laws of the state indicated below and
each such defendant has its principal offioo and place of business in
rl
the city designated. Bach of said defendants, during all or a part
of the period covered by this indictment, including -the period within
the statute of limitations, has been engaged in selling clutch facings
and has been end is a member of the defendant Association.
Defendant American Brake Shoe Company Asbestos Manufacturing Company Fibre & Metal Products, Inc. Gatke Corporation
State of Inco rpo ration Delaware Indiana California
Illinois
Principal Place of Business
Detroit, Mch. Huntington, Ind.
Downey, Cal.
Chicago, 111.
p>j* *lW'
`*oo j6
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Iff s.* t- -J--
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^General Motors Corporation Grissly Menufaoturing Coapiary
'Delaware ' California
Johns-Manville Corporation
New York
L. J. Miley Co* Haybestos-Manhattan, Inc*
Illinois Hew Jersey
Kussell Manufacturing Co*
Conneotiout
Scandinavia Belting Company
Maine
Southern Friction Materials Corp* N* Carolina
thennoid Co.
Delaware
World Bestos Corp,
New Jersey
Detroit, Mich. Bell, Cal. New York, N*Y. Chicago, 111* Passaic, NJ* Middletown, Conn. Newark, N.J. Charlotte, S.C, Trenton, N.J. Paterson, N.J.
Collectively the above-named defendants are hereinafter referred to as
the corporate defendants.
.
4. The following individuals are hereby indicted and made defendants
herein. Each is associated <ith a defendant corporation in the capacity
shown below* Each said defendant during all or a part of the period
covered by this indictment, including the period -within the statute of
limitations, has authorised, ordered or done the acts alleged herein to
have been in violation of law*
t
Corporate Defendant
Title or
Defendant
with which associated Position
Address
IlVed J- Kelly
Aoerioaoi Bmis
Mgr.
Detroit, Mich.
Harry Seith
American Brake
Asst. Mgr.
Detroit, Mich.
C. Q. Smith
Juo61?Lgan Brciko
Asst* 'to Pres# Detroit, Mich.
1. IT. Tuttle
Asbestos Mfg.
V. Pres. .
Huntington, Ind.
L. E. Wilson
Asbestos Mfg.
Soot, is Troaa. HfrmtiiigtoxL, lull
J* A* Bl&ioa
Fibre t Metals
M Pres.
Downey, Cal.
E. G. Bemgen
Gatke .
Sec*t.
Chicago, 111*
H. C. Barkely
General Motors
Sales Mgr.
Dayton, Ohio
I, L. Gatke
Gatke
Pres.
Chiesfipjo, 111*
'-w- rif?
i. ^ ifflEjsr ; -5-7,11
' * J. 0. Brown
F. W. Shelton
'r^p-aa^Sr-.-?-
'vy . . Oriarly
. Sales Mp>.
Gritsly
'Paulding, Ohio Paulding, Ohio
L. M. Cassidy
Johns-Manvilla
V. Pres.
Hew York, H.Y.
J. S. Doyle
Johns -Manvilie
Staff Mgr.
Hew York, H.Y.
J. R. Slazebrook M* S-todar
Johns-Uanville L. J. Mlley
Staff member Sales Mgr.
Hew York, H.Y. Chicago, 111.
0. S. Gilley Robert B. Davie
Raytestos Rayboetya
Y. Pres. V, Pres.
Manheim, Pa. Bridgeport, Conn,
Y&lliam H. Dum
Raybestos
Compt.
Passaic, K.J.
E. Gruendyke
T?ajrbes*bos
, Mgr.
Passaic* 1T*J*
Norman Leeds, Jr.
Raybestos
Sen. Sales Ugr.
Bridgeport, Conn,
J. D. Roach
Raybestos
Sales Engineer Uanheim, Fa.
C. 17. Sachs
Raybestos
Mgr.
Manheim, Fa.
S. J. Synnott
Raybestos
Mgr.
Passaic, H.J.
J* H* Howis Ti E* Kwtuws
Russell laiaseii
Mgr.
Middletown, Conn,
Automotive Div..Middletown, Conn,
(J. U. Williams L S Sullivan
Russell Ituaaoll
Pres. Mgr.
Middletown, Conn, Middletown, Conn,
Y. A. Spina Howard Snow
Scandinavia
Press,
Southern Friction Pro*
Newark, N.J. charlotte, N.C.
T. E. Allen
The mm d
Asst., to Pres.
Trenton, H.J,
A. L. Campbell
The mold
Sales Dept. Trenton, N.J.
S. T. Sche elder
Thermoid
Mgr.
Trenton, N.J.
Fred E. Sohluter
Thermoid
Pres,
Trenton, N.J.
L. G. Kersgard Donald H* Sul^yr
World Bestos 'World Bestos
Mgr, Pres.
Paterson, N.J* Paterson, N.J.
5
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* 5. Iha oo rporate defendants menufectur* said Boll approximately 98^5 of the clutch faolnge manufactured and sold in the United States. In 1946, their sales amounted to approximately $7,000,000.
6, The corporate defendants sell olutoh facings primarily to the following classes of customers! (1) other friction material man ufacturers, including other corporate defendants; (3) motor vehicle and industrial equipment manufacturers; (3) distributors, jobbers and dealers;
owners of large fleets. The bulk of the sales are made to customers in class 3; in 1946, such sales amounted to approximately $4,600,000 or 63?a of the total sales of clutch facings. This olass of distributors. Jobbers and dealers resell mainly to retailers who in turn resell to motor vehicle owners.
7. Tits corporate defendants manufacture clutch facings in the States of Connecticut, Ohio, Illinois, Indiana, Michigan, New Jersey, New Tork, North Carolina and Pennsylvania and ship therefrom to customers in every state in the United States.
OOMBINATIC AND CONSPIRACY IN RESTRAINT OP TRADE
8, Beginning sometime in 1928, the exact date being unknown to the Grand Jurors, and continuing thereafter up to and including the date of this indictment, tho defendants and other persons and corporations un known to the Grand Jurors have unlawfully combined and conspired to fix, establish, maintain, control, manipulate and tamper with the prices, terms and conditions in the marketing of clutch facings in restraint of the aforesaid interstate trad* end commerce.
>
W
I-. T'sr-tstj:$?,*is.4 *r. g**? ^
PWWPw^WWWiii'IJi. i
'>.'.
Shemforeeai* combination mu* eoftqplra^ has taa -6J r v, ,-.
.'
oontlnolag
'
nu, -the
substantial
terms
a\ t
which
hr*
teas
that
the defendanta agree that:
"" '
(a) Bis Association prepare and distribute mans the
.
defendants uniform price lists;
(b) Bach oorporate defendant publish in its on price
lists the prices contained In the Association price
lists;
'
(c) The Association prepare and distribute emong the
defendants classifications of customers; (d) She Association prepare and distribute among the
.
defendants uniform discounts, terms and conditions of sale to be granted purchasers in each such
classification;
(e) Each corporate defendant use the classifications
of customers, uniform discounts, terms and conditions
at sale in selling to purchasers;
(f) fech corporate defendant require its customers in their
resales, to use discounts from the list prices identical
with those contained in the uniform discounts described in subparagraph (d) above;
(g) Bach corporate defendant require retailers to sell at
the list prices;
(h) from time to time the price lists, classifications of
Customers, discounts, terms and conditions of sole,
.
sales and resale prices would be changed.
BTFECIS OF lWE COMBIShHON --------- AKD reaHMT---------10. The aforesaid combination and coneuirac? hereinabove
olloged has had the following effects with respect to clutch facings
* OUX`B6V SJjn ^OTUT'T aapjc
u intended by the defendants:
,
v (a) Friet hartlwaB lasfaaiadTai all larala f
,
(b) Prices hwe t ended to become naifout at all
lerele at id*;
(o) &e public and other purchaser* hare been charged
v- X* -X.:
hi^t and unreasonable prices:
(d) Substantially all price competition has been eliminated.
T
11. The combination and conspiracy hereinbefore alleged has been formed in part and carried out in part within the Southern
District of Sew fork in the following manner:
(a) Meetings hare been held in Mew fork City at which
the defendants have agreed with each other upon
uniform list prices, claeslficationof customers,
.
sales prices and resale prices;
(b) The Association has prepared uniform price lists,
classification of customers and discounts in Hew
fork City which it has sent out to the defendants;
(c) Substantial quantities of clutch facings hare been
sold in Hew fork City ct the fixed prices, including
sales to the City of Hew fork.
A TMQM BILL:
grail iaat Foreman
-T-O--H- ---C. C1AlA3SEK Attorney pS^anneeral
V#
7U McGOHBTj United States
HOMES BALDHI2SE GBCHGE B, HAUDOCH Special Assistants to the Attorney General
At. rsAfrcis &asssrt
IK7IHG B. GLIC0ELD
JOSEPH T. <yiHHAH EMAHUSL S, CASH Special Assistants to the
Attorney General
Hifrrtf) *<Af *WW1**
wnor****^
----***
*'
--
'`OQ D^ ^<10 *?
Efff Rijn guiun wpjg
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OP NEW YORK
AUGUST TERM, I947
NO.
(15 USC, SI)!
,
,,
V
K
UNITED STATES OF AMERICA
BRAKE LINING MANUFACTURERS* ASSOCIATION, INC.
AMERICAN BRAKE SHOE COMFANX
ASBESTOS MANUFACTURING COMPANY
BENDIX AVIATION CORPORATION
FIBRE & METAL PRODUCTS, INC,
FIRESTONE TIRE AND RUBBER EXPORT COMPANY
FIRESTONE TIRE AND RUBBER COMPANY
GATKE CORPORATION-
GENERAL MOTORS CORPORATION
UKT77J.Y MANUFACTURING COMPANY
JOBNS-MANVILLE INTERNATIONAL CORPORATION
JOBNS-JiANVILLE CORPORATION
PHARIS TIRE & RUBBER CO.
RAYHESTOS-MANHATTAN, INC.
BUSSELL MANUFACTURING CO.
SCANDINAVIA BELTING COMPANY
THEHMOID CO.
WORLD BESTOS CORP.
S. F. BROWN
.
HARRY SEETH
J. B. SPENCER
L. W. TUTTLE-
K. W. NASHOLDS
A. J. ROEMER
J. A. BLAKE-
W. RAHBECK
F. F. BAXLLEF
T. L. GATKE
H. C. BERKELEY
3. G. BROWN
E. W. LXNZ
B. ASPER
E. S. CROSBY
V'
r mm\s mTMf) ?.v
oui'ueey "sjjn Ptrcuxu
1*7 n
Ci ^ 0
FCRBER MARSHALL
ROBT. B. DAVIS*
WU. H. DUNN*
H. 5. PARNELL G. M. RIGHTKR J. F. D. ROHRBACH H. C. BUTTEKWQRTH G. M. WILLIAMS V. A. SPINA ' H. A. DAVIS FEED E. SCHUJ1ER L. G. KERSGARD DONALD H. SPICER
DEFHfDAHT3
INDICTMENT
li
?:
I:
i
\ *J
j P *
fipmf) jo} rpv*U `-onr-UEEv -sjjh Rurtrn s^jg
iv6ios^s;
j
The Grand Jury cnargea:
CQOHT QHE
DEMITIQMS 1. The term "friction materials* wherever referred to in this indictment, means asbestos brake linings and clutch facings used for replacement purposes in motor vehicles and in industrial equipment.
THE DEFBJDAtiTS
2. Brake Lining Manufacturers1 Association, Tnc.,(hereinafter
referred to as the Association) is hereby indicted and made a defen
dant herein. The Association is a membership corporation organized
under and existing by virtue of the laws of the State of Sew York and
has its principai-place of business in Hew York City. It is a trade
association whose members are manufacturers of friction materials.
3. The following-named companies are hereby indicted and made
defendants herein. Each of said defendants has been organised under
and exists by virtue of the laws of the state indicated below and
each such defendant has its principal office and place of business in
the city designated. Each of said defendants, during all or a part
of the period covered by this indictment, including the period within
the statute of limitations, has been engaged in selling friction
materials in foreign commerce and has been and is a member of the
defendant Association either directly or through its parent company.
Defendants
State of
Principal Place
Incorporation of Business
American Brake Shoe Company
Delaware
Detroit, Kioh.
Asbestos Manufacturing Company
Indiana
Huntington, Ind.
Bendix Aviation Corporation,
Delaware
Detro-it, Uieh.
Fibre & Metal Products, Inc,
California
Downey, Cal.
Firestone Tire and Rubber
Export Ccaupctay
Maine
Akron, Ohio
3
V M
;o,V
f *oui*uscv *sjjh Sinwfl
TtAfavjdants Firestone Tire and Rubber Company
Gatke Corporation General Uobors Corporation
Grizzly Manufacturing Company Johns-ManviUe Intematldnal Corporation
State of Tneorooration Ohio Illinois , Delaware California
Delaware
Principal Place of Business Akron* Ohio Chicago, 111. Detroit, Mich. Bell, Calif.
Hew York, N.Y.
Johns-Manville Corporation Pharis Tire & Rubber Co.
Hew York Ohio
Hew York, N.Y. Hewark, Ohio
Raybestos-Msabattan, Inc.
Hew Jersey
Passaic, H.J.
Russell Manufacturing Co.
Connecticut
Middletown, Conn,
Scandinavia Belting Company
Maine
Hewark, N.J.
Theraoid Co.
Delaware
Trenton, N.J,
World Bestos Corp.
Hew Jersey
Paterson, N.J.
Collectively the above-named defendants are hereinafter referred to as
the corporate defendants.
4. The following Individuals arc hereby indicted and made defendants
herein. Each is associated with a defendant corporation in the capacity
shown below. Bach said defendant during all or a part of the period
covered hy this indictment, including the period within the statute of
limitations, has authorized, ordered or done the acts alleged herein to
have been in violation of law:
Defendant
Corporate Defendant with which Associated
Title or PositionAddress
~ S. F. Brown
American Brake
Dir.ofExpts. Detroit,Mich.
Harry Seith
American Brake
Asst.Sales Mgr. Detroit,Mich.
J. B, Spencer L. W. Tuttle
American Brake Asbestos Ufg.
V.Pre3. V.Pres.
Detroit,Mich. itontington,lnd.
Z. Tf, Nashold's A. J. Roemer
Bendix Aviation Bendix Aviation
Asst.Sales Mgr. Troy,N,Y. Sales Mgr. Troy, N.Y.
\ Mmf> i#
`-ourusey -sun Sururi espua
Zt?6l
c;> CO
Corporate Defendant Title or with which Associated Position
J. A. Blake W. Rahbeck
Fibre & Metal Firestone
V.Pres. Expt.Dept.
- P. F. Baillet T. L. Gatke
Gatke Gatke
Expt.Dept. Pres.
H. C. Berkeley
General Motors
Sales Mgr.
' J. G.~ Brown
Grizzly
Sales Mgr.
- E. W. Lena
Grizzly
Export.Div.
- B, A3per
Johns-Manville
V.Pres.
" E. S. Crosby
Johns-Manville
Pres.
Furber Marshall
Pharis
Pres.
Robt. B. Davis
Eaybestos
V.Pres.
Wm. H. Dunn
Raybestos
Compt.
v H. G. Farwell G. M. .lighter,
Raybestos Raybestos
Export.Dept. Export.Mgr.
J. F, D. Rohrbaoh Raybestos
V.Pres.
H. C. Butterworth KU3sell
Expt.Mgr.
G. M. Williams
Russell
Pres.
V. A. Spina
Scandinavia
Trees.
^ H. A. Davis
Thermoid
ExptJMgr.
Frcd.E.3chluter
Thermoid
Press.
L. G. Kersgard
World Bestos
Mgr.
Donald H. Spicer World Bestos
Pres.
Address Downey,Cal. Akron,Ohio Chicago,111. Chicago,Ill. Dayton,Ohio Paulding,Ohio Paulding, Ohio New Tork,N.Y. New Iork,N.I. Ridgeway,Pa. Bridgeport,Ct, Passaic,N.J> Bridgeport,Ct. Manheim,Pa. Passaic,N.J, lttddlet<?TMi,Ct, Middletown,Ct Newark,N.J. Trenton,N.J. Trenton,NrJ Paterson,N.J. Paterson,N.J.
is
5
\ JHtmf) WAT **wWW `'0nI'UeSy '5SM 2DTaT'1 0Steafl
mo "*
CO
nm iinn i iuini..-b.ii
DESCBXFTiar or aronsT uro wthrx or
KKBirf-yaiM1 as1 vmmm wwsr~
m
5. The oorporate defendants manufacture frlotion matorials la several of the States of the United States and ah ip substantial quantities to foreign countries. Hie corporate defendants manufaoture and sell approximately 97^ of the friotioa materials manu factured in the United States and shipped in foreign trade and commerce In 1946, their foreign sales amounted to approximately 12,700,000.
'i:
T X
COMBTHAIION AMU COHSPIHICY IS RESTEAIHf OF FOREIGN TRibB
6. Beginning sometime in 1932, the exact date being unlenown to
the Grand Jurors, and continuing thereafter up to and including the date of this indictment, the defendants and other persons and oorpcr ac tions imtmimm to the Grand Jurors hare unlawfully combined and con spired to fix, establish, maintain, control, manipulate and tamper
with the prioes, terms and conditions in the sale of friction materials in restraint of the aforesaid foreign trade and ooameree.
f 7. The aforesaid combination and conspiracy has been a continuing
one, the substantial terms of which have been that the defendants agree thati
(a) The Association prepare and distribute anang the defendants uniform price lists, discounts, terms and conditions of salej
(b) Each corporate defendant publish in its own price lists the prioes contained in the Association price
lists;
ft (c) Each corporate defendant use the uniform discounts,
terms, and conditions of sale in selling to purchasers; (d) From time to time the price lists, discounts, terms
end conditions of sale, and sales prises would be . changed. i' 1 i
3
O' in
AnTM*) iJf rpWlJ ' **!*<>**
rSri^Sa
y^e;
EFFECTS OF THE COHBIM1IOB AHD CONSPIRACY
8. The aforesaid combination and conspiracy hereinabove alleged has had the following effects with respect to friction, materials as intended by the defendants!
m (a} Substantially all conpetition in foreign
commerce has been eliminated; (b) The oorpcrate defendants have made sales
in foreign commerce at uniform prices;
f, (e) The corporate defendants have mile salsa
in foreign commerce at lower prices than
they have in domestic oommeroe*
VEHTTE
9. The combination and conspiracy hereinbefore alleged has been formed in part and carried wit in part within the Southern District of Hew York in the following manner*
(a) Meetings have been held in Hew York City at
ri whioh the defendants have agreed with each other upon uniform list prices, discounts, selling prices, terms and conditions of sale; (b) The Association has prepared In Hew York City uniform price lists, discounts, terms and conditions of sale which it has sent out to the defendants;
j x
\ ftnn-f)
*VlU "oui'ueev `sun Snprri
zwice-diS.
(c) Substantial quantities of friction materials hays been shipped through the Port of Sew York*
A TRUE BILLs
Wlttii HAU*Foreman
I
Jk>*c a/jLu/u TOM C. CURE Attorney General ^ (itSi, KC i(/
/ oghAp.-Sonhett j
/ Assistant Attorney.)
mcgoeey
/United States Atto:
7,
* *f-&L W/^Zc i ( J. FRANCIS HAYDEN / IRVING B. GLICKFEIlf
JOSEPH T. QUINNAN EMANUEL S. CARS Spsoial Assistants to the
Attorney General
HOLMES BALDRIDGE GEORGE B. HADDOCK Special Assistants to the Attorney General
*IT7rrtT/
"
fitfpif) ?Q.V *Pwt<i `otrj'aocT `s-yji JPuruyi copfaxg
7W ~ ~
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. .,,.
, ;. .
, PmAUAtUMp*. OwyowItM
* *' 0nic4 OftijWm-- . . ,
1 .;;'^l33f3TS>'--~
-. fcww aMferaMf*. . * ' &owil I. pi*, Fmi*.t
' hWtn k *U1 'imam**,' Sw. '
- ' Um tnto'raOMW Oorp. :
; s
.Offc- sor?.*;i*. , '.,
Fkirti Hr* * lobbr Oo.
tiwWnitU MIU| CwifMr
IwttiHi MitUa litortilf {tip.
0*mh1 itiMt StftmtlM
toUlj
1,500. 790.
9,ooo. 1*900.
900. 1,500.
7901*900.
900.
400.
1*000. ' 900.
900. 400.
900.
100-
l&SSgi.
..... 1,900.
4*900.
, 790,
B9f BfMO .. 1*900.
1 , 9,000. 6,000.
1,900. 'V 1*900. , m*
4,900. 1,900.
* LMo
1.900*
4.900. 1.900.
h*30*
4*900. 1,900.
.t**i*, *0K?r 1*000.
ffiow*l ., JK>%, MH<
;cr . ... *
Wife tw<l
900.
400.
200.
1*000. 1*000. 1*000. 1*000.
900.
rn% Mill 1*000.
___4&&
- aattfc . 1-000. 141-100. fip.OOO.
4
' DISTRICT COURT 0? 3B8 UNITED. STATES FOR TBS
SOUTHERN DISTRICT OF NE3LYGRK
United States of America
BRAKE LINING MANUFACTURERS ASSOCIATION, INC
/\ /
Ho, 0126/205-206-207
*
On tils
22nd
day of Sptej*er,194S
cams the attorney
for the government and the defendant apyvKrw&iieP'-'&irinffiW'&BB
by Lester D. Stickles, Atty
its It la Adjudged that the defendant hao been oonvioted upon Mrs plea of nolo contendere by atty,
of the offense of conspiracy in vestraint
of trade and comoerce in friction materials T. 15 Sac 1 USC
as charged it
\
and the court having asked the defendant whetherske has anything to
say why judgment should not he pronounced, ;-nd no sufficient cause
to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and con
victed.
-
It Is Adjudged that the defendant be fined the sum of $5000. on each indictnmnt Total fine $15,000, Fine to be paid by 4 PH
DISTRICT COURT OF THE TOUTED STATES FOR THE
SOUTHERN DISTRICT OF NEILYORK
United States of America' v
///
0126/205-206-207
No. zgm
AMERICAN BRAKE SHOE COMPANY
On. this
22nd
day of 3$>fcambar,1948 s* came the attorney
for the government and the defendant appeared frBrqnRpgttH^SHa
by Milbank, Tweed, Hope & Hadley, Attys
its It la Adjudged that the defendant has been ocmvioted upon tide plea of nolo contendere by Attys
of the offense of conspiracy in restraint
of trade and commerce in friction materials T, 15 Sec 1 USC
as charged it j
and the court having asked the defendant whether
has anythieg. to
say why judgment should not he pronounced, r.nd no sufficient cause
to the contrary being shown or appearing to the Court,
It Is Adjudged that tae defendant is guilty as charged and con victed.
It Is Adjudged that the defendant be fined the sum of $5000. on each indictment Total fine $15,000. to be paid by k PM
1
/U -
A.
(_ 1MA Ua \J_h\
United States'District' j'hdge.
DISTRICT COURT Of THE UNITED STATES
FOR THE
-
SOUTHERN DISTRICT OF NEV-YORK
United States or America v.
JOHHS-MANVILLE CORPORATION
/
No. C126/205 & 207
9
On this
22nd
day of September,1946 *Oc
for the government and the defendant appeared aaq
Kw Davis Polk Wardwell Sunderland & Klendl, Attye
came the attorney *
its
\
It Is Adjudged that the defendant has been convicted upon
plea
of nolo contendere by Attya
of the offense of conspiracy in restraint
of trade and c omnerce in friction materials T. 15 Sec 1 use
as charged ^
and the court having asked the defendant whether
has anything to
say why judgment should not be pronounced, Und no sufficient cause
to the contrary being shown or appearing to the Court,
It Is Adjudged that tae defendant is guilty as charged and con victed.
It Is Adjudged that the
fined tlm sum of 15000. on
each indictment
Total fine $10,000. to be paid by 4 PM
*
DISTRICT COURT Of TOT UNITED STATES FOR TOT
SOUTHERN DISTRICT OF NHLTORE
United States of America v*
j.S.Doyle
1/
No, C126/205 * 207
*
On thi3 22nd
day of SePtamljer*194s ^ came the attorney
for the government and the defendant appeared
wwrfyi
by Davis Polk Wardwell Sunderland & Kiendl, Attys
It Is Adjudged that the defendant has been convicted upon his plea
\
of nolo contendere
attys
of the offensb of
. , . ..
conspiracy in restraint
a trade and oonmaroe in friction materialo T 15 Sec 1 U3C
as charged and the court having asked the defendant whether he has anything to say why judgment should not be pronounced, t nd no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and conviated.
It Is Adjudged that the
defendant be fined the sum of $2500.
on each indietoont*
Total fine 15000. to be paid by k PM
J
DISTRICT COURT OF THE UNITED STATES FOR THE
SOUTHERN DISTRICT OF NEHLYCRK
: e.
United States of America
v,
JOHBS-MANVTLLE INTERNATIONAL CORPORATION
/No,
C126/206
On this
22nd
day of September,1948 ig
for the government and the defendant appeared
came the attorney
by Davis Polk Wardue11 Sunderland & Kiendl, Attys
its
It Is Adjudged that the defendant has been convicted upon ttte plea
* of nolo contendere by attys
of the offense of
^
of trade and commerce in friction materials T. 15 Sec 1 USC
as charged and the court having asked the defendant whether -fee has anything to say why judgment should not be pronounced, ;-nd no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and con victed.
It Is Adjudged that the
defendant be fined the sum of $5000#
r ine to be paid by 4 PM
8*
Judgment
DISTRICT COURT OF THE UNITED STATES FOR THE
SOUTHERN DISTRICT-OF NEILYORK
United States of America V.
RATHBSTOS-MAKHATTAN, DC
/I/
. No, Cl^6/205-206-207
On this
22nd
day of September, 1948
for the government and the defendant appeared by Robert P. Patterson
2V
came the attorney
> Its 1 It Is Adjudged that the defendant has been convioted upon Vfife plea
f nolo contendere ty atty of the offense of conspiracy in restraint
of trade and commerce in friction materials T. 15 Sso l CSC
as charged and the court having asked the defendant whether kg has anything to say why judgment should not he pronounced, t>nd no suffioient cause to the contrary being shown or appearing to the Court,
It Is Adjudged tnat tae defendant ia guilty as charged and con victed.
It Is Adjudged that the defendant be fined the sun of $5000. on each indictment *-otal fine $15,000. to bo paid by U Fit
SOUTHERN DISTRICT OP NEILYORK
United States of America ROBERT B. DAVIS
No.
Cl26/205-206-207
On this 22nd
day of September,1948 jagc came the attorney
for the government and the defendant appeared Xna^KxsooxHad
Robert P. Patterson, Atty
* It Is Adjudged that the defendant has been convioted upon his plea
nolo contendere by atty
o,,f
tAhe offense o^f
. . . .. conspiracy in restraint
of trade and c omaerce in friction materials T. 15 Sec 1 DSC
as charged
and the court having asked the defendant whether he has anything to say why judgment should not be pronounced, tnd no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and con victed.
It Is Adjudged that the
defendant be fined the sum of $2000, on t each of
indictments C126/205 & 207 and $1000, on indictment C126/206
Total fine $5000, to be paid bj 4 PM
>/
*
\
\
DISTRICT COURT 0? TH1 UNITED STATES
FOR THE SOUTHERN DISTRICT OF NBLTORK
United States of America v.
THERMOID CO.
. //
NO, C126/205-206-207
On this 22nd
day of September, 1948 It
for the government and the defendant appeared
came the attorney
by Samuel S. Isseks, Atty
it
It Is Adjudged that the defendant has been convioted upon tdx plea of nolo contendere by atty
of the offense of conspiracy in restraint of trade and conmerce in friction materials T. 15 Sec 1 (JSC
as charged
a*
and the court having asked the defendant whether he has anything to
say why Judgment should not be pronounced, <nd no sufficient cause
to the contrary being shown or appearing to the Court,
It Is Adjudged that tae defendant is guilty as charged and con
victed.
.
It Is Adjudged that the
defendant be fined the sum of $5000.
on each indictment
^otal fine $15,000. to be paid by 4 PM
8*
SJSuBBdSw9Ea3EaBt5
DISTRICT COURT OF THE UNITED STATES FOR THE
SOUTHERN DISTRICT OF NEW_YCRK
*.
United States of America v.
/
7/
Nof C126/205 k iff!
A.L.CAMPBELL *
On this 22nd
day of September, 1948
for the government and the defendant appeared
by Samuel S Isseks, Atty
came the attorney
l It Is Adjudged that the defendant has been convicted upon his plea of nolo contendere by Atty of the offense of conspiracy in restraint
of trade and commerce in friction materials T. 15 Sec 1 DSC
as charged and the court having asked the defendant whether he has anything to say why judgment should not be pronounced,- <nd no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and con victed.
It Is Adjudged that the
defendant be fined the sum of $2500.
on both indictments Total fine & $5,000. to be paid by 4 PM
ft)
United
Judgacnt
DISTRICT COURT OF THE UNITED STATES FOR THE
SOUTHERN DISTRICT OF NOT-TCRk
Uited States of America
v* ASBESTOS MANUFACTURING COMPANY
/ // No/ C126/205-206-207
On tills 22nd
day of Septamber,1948 Aff came the attorney
for the government and the defendant appeared texpavnuxoBdc
by Samuel S. Isseke, Atty
\ its It Is Adjudged that the defendant has been convicted upon ftte plea
of nolo contendere by Atty of the offense of conspiracy in restraint of
trade and commerce in friction materials T. 15 Sec l use
as charged and the court having asked the defendant whether toe has anything to say why judgment should not he pronounced, <nd no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and con victed.
It Is Adjudged that the
defendant be fined the sum of
$1500. on each indictment Total fins 14500. to be paid by 4 PM
Kile
4
JuAiawa.t..... .
.....
. -.
Ci> Tola. No* 88
DISTRICT COURT 07 THE 1011130) STATES TOR THE
SOUTHERN DISTRICT OP MBT-fORK
TJaitnd States of America v*
L WILSON
J J/
No* C126/205 & 207
On this
39nH
day of September, 1943 A9 came the attorney
for the government and the defendant appeared tnayanaiwnnuart.
by Samuel S. Isseks, Atty
It Is Adjudged that the defendant has been convioted upon his plea
of nolo contendere *>7 atty of the offense of conspiracy in restraint
of trad* and comnerca in friction materials T. 15 Sec 1 USC
as charged and the court having asked the defendant whether hff has anything to say why judgment should not be pronounced, rndno sufficient cause to the contrary being shown or appearing to the Court,
It io Adjudged that tae defendant is guilty as charged and con victed.
It Is Adjudged that the defendant be fined the sum cf $750, on each indictment Total fin* $1500. to be paid by A PU
DISTRICT COURT 07 THE UNITED 8TATBS FOB THE
SOUTHERN DISTRICT OF NBILtCRK
United States of America v
EENDU AVIATION CORPORATION
X/ No^ C126/206 & 207
On this
22nd
day of Sq?tember,19i(8 jg came the attorney
for the government and the defendant appeared taxpasQHmasoH
by Hughes, Hubbard & Ewing, Attys
its
It Is Adjudged that the defendant has been convioted upon
plea
nolo contendere by Attys of the cffenco of conspiracy in restraint
of trade anc commerce in friction materials T. 15 Sec 1 USC
as charged it
,
and the court having asked the defendant whether Ak has anything to
say why judgment should not be pronounced, -nd no sufficient cause
to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and con victed.
It Is Adjudged that th dstendant bo fined th# sum of $3000, on each indictment Total fine $6000, to be paid by A PM
- .............- ............. ....-ctm iprat n<?. 20
DISTRICT COURT OF THE UNITED STATES FOR THE
SOUTHERN DISTRICT OF NHLYORK
'
(
United States of America v`A
GA.TKE CORPORATION
No* 0126/205-206-207
On. this 22nd
day of September,1948 3$ oame the attorney
for the government and the defendant appeared jdfeqMXaonzugd
by OAConnor & Farber, Attys
its It Is Adjudged that the defendant ha3 been convicted uponalxis plea of nolo contendere by Attys
of the offense of conspiracy in restraint
of trade aid comnarce in friction materials T. lfi 3ec 1 use
as charged and the court having asked the defendant whether"& has anything to say why judgment should not be pronounced, end no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and eon7ictd.
It Is Adjudged that the defendant be fined the sum of $1500. on each ^indictment Total fin* $4500. to be paid by 4 ^
,4)
CUaaCuJ791.
United States District IvMge.
DISTRICT COffift OT IKS UNITED STATES TOR TBS
SOUTHERN DISTRICT OF NEJLTORK
United, States or America T. L.QATKE
/ //
No, C126/205-206-207
On this 22nd
day of September, 1948 BB came the attorney
for the government and the defendant appeared iyagar*-.-artAc
by OdConnor St Farber, Attys
I It Is Adjudged that the defendant has been convicted upon his plea
of nolo contendere by Attys of the offense of conspiracy in restraint
of trade and commerce in friction materials T. 15 Sec 1 USC
as charged and the court having asked the defendant whether' he has anything to say why judgment should not be pronounced, ind no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and con victed.
It Is Adjudged that the defendant be fined tbs sum of $500. on each indictment Total fine $1500. to be paid by 4 Pit
vjgggnt
DISTRICT COURT OF THE UNITED STATES FOR THE '
SOUTHERN DISTRICT OF NBXLYCRK
United States of America v
RUSSELL MANUFACTURING CO.
y
//
No* C126/205-206-207
On. this
22nd
day of Septeaber,1948 natatcame the attorney
for the government and the defendant appeared In^ywwnprwW
by Lester D. Stickles,Atty
its
It Is Adjudged that the defendant has been convioted upon Hte plea of nolo contenders by Atty
of the offense ofconepiracy in restraint of trade and comaeroe in friction material* T. 15 Sec 1 USC
as charged i* and the oourt having asked the defendant whether tea has anythie* to say why judgment should not be pronounced, end no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant ia guilty as charged and con
victed..
It Is Adjudged that the
,
00
defendant be fined the sum of $1500. on each
indictment Total fine $4500. to be paid by 4 PR
^
JuAgnent.....
: ..
... .
.....
0r
DISTRICT COURT OP THE UNITED STATES
POR THE
SOUTHERN DISTRICT OP NEK.T0RK
* 'l
TTRitfid States of America v*
LEO S. SULLIVAN
No,
^ uJ26/205 * 207
On this
22nd
day of Septaaber,1948 jgc came the attorney
for the government and the defendant appeared 1it^awTirir
Lester D. Stickles,,Atty
It Is Adjudged that the defendant has been convicted upon his plea
of nolo contendere by atty ' of the offense of cons iracy in restraint
of trad* and commerce in friction material a T. 15 Sec 1 USC
as charged and the court having asked the defendant whether he has anything to say why judgment should not be pronounced, ;nd no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that t.ie defendant is guilty as charged and eon-
vict-'d.
It Is Adjudged that the defendant be fired the sum of #750 on each indictment Total fine #3.500. to be paid by A PM
k
DISTRICT COURT OF TOE UNITED STAIRS
FOR THE
.
'' /
SOUTHERN DISTRICT OF NEHJYCRK
i United States of America
WORLD BESTOS CORP
// /
No, C126/285-206-207
v I
On this
22nd
day of September,1948
for the government and the defendant appeared
by Israel B. Oseas, Atty
BF
came the attorney
It Is Adjudged that the defendant has been convicted upon Wfe plea of nolo contendere by Atty
of the offense of conspiracy in restraint
of trade and commerce in friction materials T. 15 Sec 1 USC
as charged it
and the court having asked -the defendant vithether KS has anything to say why judgment should not be pronounced, ;.nd no sufficient cause to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged and con
victed,
It Is Adjudged that the defendant be fined the sum of {1500. on each indictment Total fine {4500. to be paid by 4 PH _
tduksA (/+A
United States "DlstrleV`'Judge<
DISTRICT COURT OF THE UNITED STATES FOR THE
SOUTHERN DISTRICT OF HEVJYCRK
* 1
United States of America Vfc
DONALD H. SPICER
^ // N<H C126/205-206-207
On. tills
22nd
day of September,1948 29c came the attorney
for the government and the defendant appeared ft'.'pmTMCvgwpBfc
by Israel B. Oseas, Atty
It Is Adjudged that the defendant has been convicted upon his plea
of nolo contendere by atty
of the offense of conspiracy in restraint
of trade and commerce in friction materials T. 15 Sec 1 USC
as charged and the court having asked the defendant whether he has anything to say why judgment should not be pronounced, <nd no sufficient cause to the contrary being shown or appearing to the Court,
Tt. Ts Adjudged that tne defendant is guilty as charged and con victed,
It Is Adjudged that the defendant be fined the sum of (500. on each indictment Total fine (1500. to be paid by 4 PM
DISTRICT COURT OF. TB* UNITED STAGES FOR THE
SGUTHERH DISTRICT OF HOT.TORE
United States of America v*
Fibre & Itet&l Producto, INC
J s' J
No*. C126/205-206-207
On this
22nd
day of
Septeafcer,194<$L9 came the attorney
for the government and the defendant appeared lgi.'ywWFFIP
by Lester D. Stickles, M.ty
its
It Is Adjudged that the defendant has been convicted upon HW plea of nolo contendere by atty
of the offense ' of conspiracy in restraint of trade and aomnerce in friction materials T, 15 Soo 1 CSC
as charged it
and the court having asked the defendant whether K9 has anything to
say why judgment should not be pronounced, ^nd no sufficient cause
to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as onarged and con victed.
It Is Adjudged that the defendant be fined the sum of $400. on each
indictments C126/205 4 2CT[ am $200. on CI26/206
Total fine $1000. to
be paid by 4 PIC
K Jj j j ^i'ted States "District' 'Judge*
t- .
>
DISTRICT COURT 0? IBS UNITED STATES
FOR THE
,
SOUTHERN DISTRICT OF NEILTORE
?
\ I
United States of America LASCO BRAKE PRODUCTS COHP
No.
y
0126/207
On. this
22nd
day of Septam bar 1948 ig came the attorney
for the government and the defendant appeared taqWBWWffll
By Lester D. Stickles, Atty.
-
. its
It Is Adjudged that the defendant has been convicted upon 83fe plea of _ nolo contendere by atty
of the offensfe of conspiracy in restraint
Of trade and aennsrco in friction materials T* 15 Sec 1 U5C
as charged je and the court having asked the defendant whether fes has anythifcg to say why judgment should not be pronounced, ;.nd no sufficient cause to the contrary being shown or appearing to the Court,
It IS Adjudged that tae defendant is guilty as charged and eonvictd
It Is Adjudged that the
defendant be fined the sum of flOOO*
to be paid by I> FV
O
United States'District Judge,
DISTRICT COURT OF THE UNITED STATES FOR THE
SOUTHERN DISTRICT OF NE3LYORX
United States of America L. J. UTT.KY CO
// No, C126/205 * 207
On this
22nd
day of September 1948 39 came the attorney
for the government and the defendant appeared toywroyi--l
by Lester D. Stickles, Atty
its It Is Adjudged that the defendant has been convicted upon bdx plea
nolo contenders by atty '
of the offense of conspiracy in restraint
of trade and commerce in friction materials T, 1$ Sec 1 USC
as charged and the court having asked the defendant whether Are- has anything to say why judgment should not be pronounced, f-nd no sufficient cause to the contrary being shown or appearing to the Court, .
It Is Adjudged that tne defendant is guilty as charged and con victed.
It Is Adjudged that the defendant is fixed the sum of $500. on each indictment Total fine $1000. to be paid by 4 FM
trSb4qt Judge,
t
4*
i
district comer of the united states
FOR THE
.
SOUTHERN DISTRICT OF NEJLTCRK
United States of America PHABXS TIRE & ROBBER CO
No.
^y 0126-206 & 207
On thi3 22nd
day of Septentoer,194$ IE came the attorney
for the government and the defendant appeared a&BiupftMOTteOfcc
by Spence. Hotchkiss. Parker & Duryee, Attys
its It Is Adjudged that the defendant has been convicted upon Mra plea of nolo contendere by atty
of the offense of coneiracy in restraint of trade and commerce in friction materials T. 15 Sec 1 DSC
as charged it
.
and the court having asked the defendant whether hoc has anything to
say why judgment should not be pronounced, -nd no sufficient cause
to the contrary being shown or appearing to the Court,
It Is Adjudged that tne defendant is guilty as charged ana con victed.
It Is Adjudged that the defendant be fined the sum of $500. on each
indictment Total fine $1000. to be paid by 4 PM
o,
(yi/jy^j j
United States' 'District" Judge.
V
SOUTHERN DISTRICT 01 WfLlOKK
United States of America v*
2 //
No, C126/205-206-207
SCANDINAVIA BELTING GCMPANT
*
On this
22nd
day of September,1948 It came the attorney
for the government and the defendant appeared ia*|wBnrmnrt
by Charles L. Cusumano, Atty
its
It Is Adjudged that the defendant has been convicted upon Htts plea
of nolo contendere by atty
of the offense. of conspiracy in restraint of trade and commerce In friction materials T. 15 Sec 1 USC
as charged it and the court having asked the defendant whether Mishas anything to say why judgment should not he pronounced, ;.nd no sufficient cause to the contrary being shown or appearing to,the Court,
It la Adjudged that tne defendant is guilty as charged and con
victed,
It Is Adjudged that the
each defendant be fined the sum of |400./on
indictments C126/205 & 207 and $200. on el26/206
Total f ine $1000. to be paid by 4 Fit
At
7 dul-t A /HA
United States District Judge,
f Dimic^tewi! OF THE TOUTED STATES
f W KM THE
SOUTHERN DISTRICT OF HHLYDRK
9
\ 1
Oe.it*d States of America
?* SOUTHERN FRICTION MATERIALS CORP
/' No, C126/205 A 207
On this
22nd
day of September,1948 0 oame the attorney
for the government and the defen4*nt appeared ighvp***w..***A-
by Lester D. Stickles, Atty
its
It Is Adjudged that the defendant has been convioted upon hfc plea
f nolo contendere bF atty of the offense of C0Mplraq5r ^ restraint
of trade and commerce In friction materials T. 15 Sec 1 USC
as charged
it
and the court having asked the defendant vhiether h* has anythiflg to
say why judgment should not be pronounced, rnd no sufficient cause
to the contrary being shown or appearing to the Court,
It la Adjudged that tne defendant is guilty ao charged and con
victed.
It Is Adjudged that the defendant be fined the sum of $500. on each Indictment Total fine $1000. to be paid by 4 Pit
,o
i cY
tufted
ft
F
1
pistriot court of
uhiwp states
' ' ' FOR MB ' ''
SOUTHERN DI3T5U30? Of NHLIORK
' 'f*S
United States of .America v
OiangRAL MOTORS CORPORATION
T
/) /
No. C126/205-206-207
On this 22nd
day of Septbar,1948 ^ came the attorney
for the government and the defendant appeared teapnaHNFzsisx
by George A. Brooks, Atty
It Is Adjudged that the defendant has been convicted upon H*s plea
of nolo contendere
by atty
of the offense of conspiracy in restraint
of trade and commerce in friction materials T, 15 Sec 1 USC
as charged
it
and the court having asked the defendant whether bachas anythiag to
say why judgment should not be pronounced,. ;,nd no sufficient cause
to the contrary being shown or appearing to the Court,
It la Adjudged that tae defendant is guilty as onargea and con victed.
It Is Adjudged that the ^f^ant be fined the sum of fcOO.^on each of indictments C126/205 & 20T and $200, on C126/206
... /J
^
~trctea States District/fud1 qg.e.