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UNITED STATES v. PENNSALT CHEMICALS CORPORATION

Civ. A. No. 41252.

262 F.Supp. 101 (1967)

UNITED STATES of America, Plaintiff, v. PENNSALT CHEMICALS CORPORATION and S. S. White Company, Defendants.

United States District Court E. D. Pennsylvania.

January 4, 1967.

Attorney(s) appearing for the Case

John F. Graybeal, United States Department of Justice, Washington, D. C., for plaintiff.

H. Francis DeLone, Philadelphia, Pa., for defendants.

OPINION

FULLAM, District Judge.

In this civil anti-trust case, the Government challenges, as violative of Section 7 of the Clayton Act (15 U.S.C. § 18), certain corporate acquisitions which occurred in 1961 and 1965. The defendants' answer sets forth, as "Second Defense", the defense of laches, and the Government has moved under Fed.R.Civ. P. 12(f), to strike this defense as legally insufficient.

Such a motion can be granted only if the defense...

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