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UNITED STATES v. VOLKSWAGEN OF AMERICA, INC.

Civ. No. 1232-57.

182 F.Supp. 405 (1960)

UNITED STATES of America, Plaintiff, v. VOLKSWAGEN OF AMERICA, INC., et al., Defendants.

United States District Court D. New Jersey.

February 24, 1960.

Attorney(s) appearing for the Case

Crummy, Gibbons & O'Neill, by John J. Gibbons, Newark, N. J., for Volkswagen of America, Inc. Sereni, Herzfeld & Rubin, by Walter Herzfeld, New York City, of counsel.

Bernard Hellring, Newark, N. J., for John Barry Distributors, Inc., and others. Rosenman, Goldmark, Colin & Kaye, by Malcolm Hoffmann and Norman Solovay, New York City, of counsel.

Steptoe & Johnson, by Stephen Ailes, Washington, D. C., of counsel, for Intercontinental Motors, for the motion.

Morris F. Klein, John D. Swartz, New York City, John H. Clark III, Donald Ferguson, New York City, contra.

FORMAN, Circuit Judge.

This action has been brought pursuant to Title 15 U.S.C.A. §§ 4 and 25, which are respectively Sections 4 of the Sherman Act and 15 of the Clayton Act, alleging violations of Section 1 of the Sherman Act, 15 U.S.C.A. § 1, and Section 3 of the Clayton Act, 15 U.S.C.A. § 14. The defendants are Volkswagen of America, Inc., (hereafter referred to as VOA), appointed exclusive importer of Volkswagen products effective January 1...

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