Document b5wZkbr1b3wM16NB4awxaYwm3

32 Answer of Anaconda. Paragraph Nineteen: With respect to the allegations contained m Paragraph Ten of Count 31 of the Complaint, respondent states thatwhen sales are made by Interna tional Smelting & Refining Company to customers in differ ent areass located at or near the boundary between said areas, delivered prices to purchasers in one area near said boundary may be higher than delivered prices to purchasers in the other area_ contiguous to said boundary, otherwise denies the allegations contained in said Paragraph Ten in so far as the same relate to it. Paragraph Twenty; Denies each and every allegation contained in Paragraph Eleven of Count II of the Com plaint but states that International Smelting & Refining Company classifies certain non-competitive customers such as railroads, dealers and industrial users, and that it 148 makes due allowance for differences in the cost of sale . and delivery resulting from different quantities in which white lead is purchased by certain purchasers in certain areas. _ Paragraph Twenty-One: Denies each and every allega tion contained in Paragraphs Twelve, Thirteen and Pourteen of Count II of the Complaint. Wherefore respondent respectfully prays that the Com plaint herein be dismissed. Chadbourne, Wallace, Parke & Whiteside, By Horace G. Hitchcock, Office and Post Office Address: No. 25 Broadway, Borough of Manhattan, New York 4, N. Y. Attorneys for Respondent, Anaconda Copper Minmg Company. Answer of Internatio 149 UNITED STATES OP A Be f o u l t h e Fe d er a l Te a k s C * * (Caption--5253) ANSWER OP INTERNATIONAL REPINING COMPA , (Received Peb. 14, 19 The respondent International Sm Company, by its attorneys, reserving a lack of jurisdiction herein, answering t Paragraph One: States that it is w the reason for the belief of the Federa as alleged in Paragraph One of Coun that the parties named in the caption the provisions of Section 5 of the Fed sion Act, or that a proceeding thereu interests of the public, and it hereb in any way violated Section 5 or 150 of the Federal Trade Commissi proceeding is in the public interes Paragraph Two: States, with respe of Count I of the Complaint, that it i or information as to any facts formi charge that the respondent National monopolized or attempted to monopoli of white lead and that it has acted un monopolistic control over the prices United States. Respondent denies the truth of the c bined, conspired and cooperated with t to hinder, lessen and eliminate price co of white lead in the United States. Respondent denies the truth of the c or has used unfair, oppressive, discri tive acts, methods and practices in con of white lead in the United States. Paragraph Three: With respect t Paragraph Three of Count I of the C admits that Anaconda Copper Mining tana corporation with an office a 151 York, N. Y,, and that it is a Monta Answer of International, an office at 25 Broadway, New York, N. Y., and is a wholly owned subsidiary of the respondent Anaconda Copper Mining Company. Respondent states that it is without knowledge or in formation as to the truth of the allegations contained in Paragraph Three of Count I of the Complaint with respect to other respondents herein. Paragraph Pour: With respect to Paragraph Pour A of Count I of the Complaint, respondent admits that white lead is a white, exceedingly fine powder and is a basic lead carbonate. It is a chemical compound derived through proc esses including eorrosion of metallic pig lead. It admits that white lead principally contains lead carbonate and lead hydroxide, but avers that the percentage of each may vary slightly in the products of different manufacturers. White lead is one of several lead pigments White lead is com monly referred to in its dry or powdered form by paint manufacturers as white lead or dry white lead, and is commonly referred to by painters in its paste form as lead-in-oil. _ It is in the form of a paste after mixing 152 with linseed oil. Either in the form of powder or paste, it is usable by paint manufacturers in producing white lead paint, although lead paste is not commonly used by paint manufacturers. Paint manufacturers may produce white lead paint of the desired consistency by grinding dry white lead with varying amounts of linseed oil, turpentine, and other thinners and driers. White lead paint of the de sired consistency may be made by the painter by mixing with lead paste varying amounts of linseed oil, turpentine, and other thinners and driers. Except as expressly ad mitted by the foregoing admissions, respondent denies each and every allegation contained in Paragraph Four A of Oount I of the Complaint. Respondent admits the allegations contained in Para graph Four B of Count I of the Complaint. Respondent states that it is without knowledge or in formation as to the truth of the averments t contained in Paragraph Four C of Count I of the Complaint. Paragraph Five: With respect to the allegations of Para graph Five of Count I of the Complaint, respondent admits: That certain of the respondents herein are engaged in the manufacture, sale and distribution of white lead in in terstate commerce; that respondents National Bead Com pany and Eagle Picher Lead Company are engaged in Answer of Inte the manufacture of white le 153 an important item of respo and among the several Sta principal item used in the manuf that white lead paint or paint pr oil is held in high esteem by pain tion to exteriors of buildings a spondent is without knowledge Williams and (Hidden manufact It is without knowledge as to Complaint during which respo Company directly sold and dist merce, or as to whether or when commerce indirectly through an It denies that at any period Anaconda Copper Mining Com tributed white lead, lead-in-oil o Anaconda Lead Products Comp sion of Anaconda Copper Minin It admits that Anaconda Lead partly owned subsidiary of Anac pany and until in or about 1936 facture and sale of white le 154 It admits that responden white lead and that Anaco ments Division, a subsidiary of Company, has sold white lead o The total combined production ents constitutes a very substan lead produced and sold in the U tion and sale of white lead an spondent constitutes a small pr duced and sold in the United Sta knowledge or information as to the total produced and sold by itself. Other than as above referred denial of knowledge and inform the allegations contained in Par the Complaint, Paragraph Six: Denies each tained in Paragraph Six of Cou Paragraph Seven: Responde knowledge or inforamtion suff 155 to the truth of the averments contained in Paragraph Seven,- Seven A; Seven A (1), (2), (3), (4), (5), (6), (7), (8) and (9) of Count I of the Complaint, Respondent denies each and every- allegation contained in Paragraph Seven B; Seven B (1), (2), (3), (4), (5) and (6) of Count I of the Complaint, and Seven B (7) and (8) in so far as it is alleged that said Seven B (7) and (8) were done with the cooperation and assistance of this respond ent; otherwise respondent is without knowledge or informa tion sufficient to form a belief as to the truth of the aver ments in said Paragraph Seven B (7) and (8). Paragraph Eight: Denies each and every allegation con tained in Paragraph Eight and Eight A, B, 0, D, E and F of Count I of the Complaint, and alleges that respondent quotes delivered prices for its products; that said delivered prices vary as between certain geographical areas, some times referred to as zones; that such delivered prices are the same within certain areas notwithstanding some vari ations in freight rates in certain areas between respondent's mill and the customer's location; that the variations in 156 delivered prices quoted by respondent correspond sub stantially to those shown on the map referred to in Paragraph Eight A of Count I of the Complaint but are not identical therewith; that the delivered prices quoted by respondent are calculated in terms of differentials above a par price in par territory; that the delivered prices quoted by respondent are not the same as those quoted by its competitors, including the other respondents named in this proceeding, in so far as is known to it; that prices quoted by respondent and the pricing methods adopted by it have been quoted and adopted in g-ood faitb in order to meet the competition of other sellers of white lead who were at the same time offering and selling in the areas in which it does business competitive white lead products of similar quanti ties and grades; that respondent is informed and believes that dealers purchasing its lead-in-oil frequently sell the same at the same price to their customers as they sell the lead-in-oil of other respondents; that certain customers located at or near respondent's factory are charged the same price as certain customers located at a greater dis tance. Paragraph Nine, Respondent denies each and every alle gation contained in Paragraph Nine of Count I of the Complaint, Answer of Interna 157 Paragraph Ten; Responden allegation contained in Paragr the Complaint, Paragraph Eleven: Respondent allegation contained in Paragraph the Complaint. Paragraph Twelve; Respondent knowledge or information as to the the Federal Trade Commission tha violated the provisions of the Clayt the Robinson-Patman Act, as allege Count II of the Complaint, and he violated the provisions of the Clay the Robinson-Patman Act, or that t public interest. Paragraph Thirteen.- With resp of Count II of the Complaint, resp of any charges that it has been or criminating as between its custo charges, demands, accepts and rece the sale of white lead in commerce. Paragraph Fourteen^ With r Three to Five, inclusive, of Co 158 respondent repeats and incorp to Paragraphs Three to Five plaint as fully as if set forth ver the definition of the term "comme without knowledge or information lief as to the truth of the averme contained in said Paragraphs Thre Count II of the Complaint. Paragraph Fifteen; Denies eac contained in Paragraph Six of Co in so far as said allegations relate Paragraph Sixteen: Denies ea contained m Paragraph Seven of plaint but states that it quotes d lead which vary in different geogr referred to as zones. Said variat correspond substantially to those ferred to in said paragraph althou therewith. It avers that its prices have been adopted in good faith in petition of other sellers of white le time offering to sell and selling products of similar quantities and 38 Answer of International. 159 Paragraph Seventeen: With respect to the allega tions contained in Paragraph Eight of Count II of the Complaint, respondent states that delivered prices within certain areas quoted by it are the same throughout the area notwithstanding that there may he variations in the cost of freight to deliver to one customer in one part of the area as against another customer in another part of the area; and that the price quoted a customer located at or near its mill may he the same as a price quoted a customer located at a distant point in said area. AH prices quoted by it are to meet competition; otherwise it denies the allegations contained in said Paragraph Eight. Paragraph Eighteen: Denies each and every allegation contained in Paragraph Nine of Count II of the Com plaint in so far as said allegations relate to it. Paragraph Nineteen: With respect to the allegations contained in Paragraph Ten of Count II of the Complaint, respondent states that when sales are made to customers in different areas, located at or near the boundary be tween said areas, delivered prices to purchasers in one area near said boundary may he higher than delivered 160 prices to purchasers in the other area contiguous to said boundary; otherwise denies the aUegations con tained in said Paragraph Ten in so far as the same relate to it. Paragraph Twenty: Denies each and every allegation contained in Paragraph Eleven of Count II of the Com plaint but states that it classifies certain non-competitive customers such as railroads, dealers, and industrial users and that it makes due aUowanee for differences in the cost of sale and delivery resulting from different quantities in which white lead is purchased by certain purchasers in certain areas. i Paragraph Twenty-One: Denies each and every allega tion containd in Paragraphs Twelve, Thirteen and Four teen of Count II of the Complaint. Wherefore respondent respectfully prays that the Com plaint herein be dismissed. Chadbourne, Wallace, Parke & Whiteside By Horace G. Hitchcock Office & Post Office Address No. 25 Broadway New York, N. Y, _ Attorneys for Respondent. International Smelting and Refining Company Answer of Na 161 United State Before the Federa * * (Captio ANSWER OF RESPOND COM (Received F Comes now the responden its attorneys, Alexander & G to move to dismiss the com diction and all rights to obje in, answers the complaint o sion in the above entitled m Answer t 1, Answering Paragraph ent states that it is withou the belief of the Federal Tr ties named in the caption h sions of Section 5 of the Fe or that a proceeding thereu of the public, and it hereby violated Section 5 or any o Trade Commission Act or public interest. 2, Answering Paragraph ent denies the truth of the tained and states that it is tion as to any facts formi against the other responden 3, Answering the allega Count I, this respondent a corporation, with its princ New York, N. Y. 162 4. With respect to this respondent states: mits that white lead is a w which, when it contains p lead hydroxide (the percenta ly in the products of differ