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UNITED STATES v. GRANT

112 F.Supp. 336 (1952)

UNITED STATES v. W. T. GRANT CO. et al. UNITED STATES v. SEARS, ROEBUCK & CO. et al. UNITED STATES v. KROGER CO. et al.

United States District Court S. D. New York.

August 11, 1952.

Attorney(s) appearing for the Case

Melville C. Williams, Special Asst. to the Atty. Gen., of Ill., for plaintiff.

Eugene M. Foley, New York City, for defendant W. T. Grant Co.

Duer, Strong & Whitehead, New York City, for defendant S. H. Kress & Co.

Sullivan & Cromwell, New York City, for defendant John M. Hancock.

CONGER, District Judge.

These are motions by the defendants to dismiss the complaints upon various grounds only one of which I feel it necessary to consider. That ground is that the controversy in each case is moot.

Since this defect, so-called, does not appear on the face of the complaints, the defendants have had to disclose it by affidavit. In this light it is incumbent on the Court to treat it as one for summary judgment. See Rule 12(b), Fed.Rules Civ...

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