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UNITED STATES v. ENGELHARD-HANOVIA, INC.

204 F.Supp. 407 (1962)

UNITED STATES of America v. ENGELHARD-HANOVIA, INC., Engelhard Industries, Inc., Handy & Harman, United Wire & Supply Corporation, Westinghouse Electric Corporation, William J. Wagnitz, Joseph Nickerson, John F. Thompson, Jr., John W. Colgan, Paul G. Feld, James G. Landrigan, Fred D. Brown, and Fred J. Purdy, Defendants.

United States District Court S. D. New York.

April 17, 1962.

Attorney(s) appearing for the Case

Bernard M. Hollander, John T. Sharpnack, Attorneys, Department of Justice, Washington, D. C., for the United States of America.

Kripke & Feldman, New York City, for Defendant Fred D. Brown, Walter H. Weiner, New York City, of counsel.

Townley, Updike, Carter & Rodgers, New York City, Attorneys for Defendant Fred J. Purdy, Stuart N. Updike, Ronald S. Daniels, New York City, of counsel.

CASHIN, District Judge.

Defendants, Fred D. Brown and Fred J. Purdy, have moved to have Count One of the indictment dismissed as to them pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure, 28 U.S.C.A. on the ground that Count One does not state facts sufficient to constitute an offense against the United States by said defendants, or in the alternative, for an order directing the United States to elect between the penalties provided for in Section 1...

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