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DALWELD COMPANY v. WESTINGHOUSE ELECTRIC CORP.

No. 65 Civ. 654.

252 F.Supp. 939 (1966)

DALWELD COMPANY, Inc. and American Brazing Alloys Corp., Plaintiffs, v. WESTINGHOUSE ELECTRIC CORPORATION, Engelhard Hanovia, Inc., Engelhard Industries, Inc., Handy & Harman and United Wire & Supply Corporation, Defendants.

United States District Court S. D. New York.

March 31, 1966.

Attorney(s) appearing for the Case

Bobroff, Olonoff & Scharf, New York City, for plaintiffs, Dalweld Co., Inc., and American Brazing Alloys Corp.; Herbert L. Scharf, New York City, of counsel.

Victor M. Earle, III, New York City, for defendant, Westinghouse Electric Corp.; Cravath, Swaine & Moore, Albert R. Connelly, John S. Gilbert, New York City, of counsel.

FRANKEL, District Judge.

In this action for treble damages and injunctive relief under the Clayton and Sherman Acts, one defendant, Westinghouse Electric Corporation, moves to strike from the complaint allegations relating to a criminal antitrust judgment upon a plea of nolo contendere entered against this defendant on April 3, 1964. The allegations in question, reversing the order of their presentation in the complaint...

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