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UNITED STATES v. ARMCO STEEL CORPORATION

Crim. No. 35326.

252 F.Supp. 364 (1966)

UNITED STATES of America, Plaintiff, v. ARMCO STEEL CORPORATION, Dresser Industries, Inc., United States Steel Corporation, and the Youngstown Sheet and Tube Company, Defendants.

United States District Court S. D. California, Central Division.

March 4, 1966.

Attorney(s) appearing for the Case

Draper W. Phillips, Dept. of Justice, Antitrust Div., John J. Schimmenti and Rudolph Pearl, Los Angeles, Cal., for plaintiff.

Breed, Abbott & Morgan, New York City, by Robert A. Bicks, David S. Patterson, Curtis W. Enyeart, New York City, and Flint & McKay, by John C. Argue, Los Angeles, Cal., for defendant Armco Steel Corp.

McCutchen, Black, Verleger & Shea, by Philip K. Verleger and Jack D. Fudge, Los Angeles, Cal., for defendant Dresser Industries, Inc.

Musick, Peeler & Garrett, by Jesse R. O'Malley, and Donald R. Gail, Los Angeles, Cal., for defendant United States Steel Corp.

Adams, Duque & Hazeltine, by Lawrence T. Lydick, Los Angeles, Cal., and J. F. Wagenhauser, Gen. Counsel, Continental-Emsco Co., Dallas, Tex., for defendant Youngstown Sheet & Tube Co.

HALL, District Judge.

There are two ultimate questions to be decided:

First: Whether or not jeopardy did attach to Count 2 in this case, that is, can the Government again file and prosecute to judgment the same indictment as is contained in Count 2 against the same defendants, except for those pleading nolo?

Second: If jeopardy did attach to Count 2, does it attach under the facts in this case as to Count 1, as every case must be decided on its own...

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