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UNITED STATES v. YELLOW CAB CO.

Civ. A. No. 46C1339.

69 F.Supp. 170 (1946)

UNITED STATES v. YELLOW CAB CO. et al.

District Court, N. D. Illinois, E. D.

November 15, 1946.

Attorney(s) appearing for the Case

George B. Haddock and Melville C. Williams, Sp. Assts. to Atty. Gen., both of Chicago, Ill., for the Government.

Jesmer & Jesmer, of Chicago, Ill., for defendants Cab Sales & Parts Corp. and Checker Taxi Co.

Weymouth Kirkland, Howard Ellis, A. L. Hodson and John F. Floberg, all of Chicago, Ill., for defendants Yellow Cab Co., and Chicago Yellow Cab Co., Inc.

Kaufman Gallop Climenko Gould & Lynton, of New York City, and Winston, Strawn & Shaw, of Chicago, Ill., for defendants Checker Mfg. Corp. and Morris Markin.

Ringer, Reinwald & Sostrin, of Chicago, Ill., for defendant Parmelee Transp. Co.

LA BUY, District Judge.

This is an action by the government under Section 4 of the Sherman Act, 15 U. S.C.A. § 4, seeking relief against an alleged conspiracy and combination to restrain and to monopolize trade in violation of sections 1 and 2 of that Act. Defendants have filed motions to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for failure to state a claim upon which relief can be granted...

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