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UNITED STATES v. SEARS, ROEBUCK & CO.

111 F.Supp. 614 (1953)

UNITED STATES v. SEARS, ROEBUCK & CO. et al.

United States District Court S. D. New York.

April 28, 1953.

Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty., New York City, for plaintiff. Richard B. O'Donnell, New York City, John T. Duffner, Sp. Assts. to Atty. Gen., Allen A. Dobey, Donald F. Melchoir, Francis J. Heazel, Jr., Washington, D. C., trial attorneys, U. S. Department of Justice.

Sullivan & Cromwell, New York City, for defendants. Edward H. Green, Howard T. Milman, James A. Thomas, Jr., New York City, of counsel.

WEINFELD, District Judge.

Plaintiff moves for summary judgment in an action seeking inter alia an order directing the resignation of the individual defendant as a director of one or both of the corporate defendants because he is alleged to be an interlocking director in violation of § 8 of the Clayton Act, 38 Stat. 733, as amended, 15 U.S.C.A. § 19.

The relevant portion of § 8* provides:

"* * * No person...

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