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UNITED STATES v. DIEBOLD INCORPORATED

Civ. A. No. 4485.

197 F.Supp. 902 (1961)

UNITED STATES of America, Plaintiff, v. DIEBOLD INCORPORATED, and Herring-Hall-Marvin Safe Company, Defendants.

United States District Court S. D. Ohio, W. D.

March 8, 1961.

Attorney(s) appearing for the Case

Hugh K. Martin and Joseph P. Kinneary, U. S. Attys., Columbus, Ohio, Richard Pennington, Cincinnati, Ohio, Larry Williams, John Toohey, Washington, D. C., for plaintiff.

Abe Fortas and Wm. L. McGovern, Arnold, Fortas & Porter, Washington, D. C., Frederick A. Reister, Millikin, Reister, Fitton & Lattimer, Hamilton, Ohio, Murray Monroe, Cincinnati, Ohio, for Herring-Hall-Marvin.

DRUFFEL, District Judge.

Findings of Fact

Description of Acquisition

1. On September 11, 1959, Diebold, Incorporated (Diebold) acquired the assets of Herring-Hall-Marvin Safe Company (HHM) for $3,000,000 cash and the assumption of all liabilities.

2. The acquisition resulted from an offer, in May 1959, by Mr. Mosman, president of HHM, of a quick cash sale of the assets of HHM to Diebold. As a basis for negotiating the sale, Mr. Mosman...

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