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UNITED STATES v. BOSTON AND MAINE RAILROAD

Crim. A. No. 63-252-S.

225 F.Supp. 577 (1963)

UNITED STATES of America, Plaintiff, v. BOSTON AND MAINE RAILROAD et al., Defendants.

United States District Court D. Massachusetts.

December 3, 1963.

Attorney(s) appearing for the Case

John H. Dougherty, Atty., Dept. of Justice, Washington, D. C., Murray H. Falk, Asst. U. S. Atty., Stephen Moulton, Asst. U. S. Atty., Boston, Mass., for the United States.

Edward B. Hanify, Ropes & Gray, Boston, Mass., Neal Holland, General Counsel, Boston and Maine Railroad, Boston, Mass., for Boston and Maine Railroad.

Claude B. Cross, John M. Reed, Withington, Cross, Park & McCann, Boston, Mass., for Daniel A. Benson.

Edward O. Proctor, Ely, Bartlett, Brown & Proctor, Boston, Mass., for George F. Glacy.

Lawrence R. Cohen, Boston, Mass., William T. Griffin, New York City, for Patrick B. McGinnis.

Jackson J. Holtz, Cornelius J. Sullivan, Holtz, Sullivan & Zonderman, Boston, Mass., for Henry Mersey International Railway Equipment Corp.

SWEENEY, Chief Judge.

There are before me motions of the defendants Boston and Maine Railroad, Daniel A. Benson, Patrick B. McGinnis and George F. Glacy to dismiss Count I of the indictment in the above case in the light of a Bill of Particulars filed by the government. In this Count of the indictment the defendants are charged with violation of Section 10 of the Clayton Act (15 U.S.C. § 20) which provides "No common carrier engaged in commerce shall have any...

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