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UNITED STATES v. VAN RAALTE CO.

No. 69 Civ. 306.

328 F.Supp. 827 (1971)

UNITED STATES of America, Plaintiff, v. VAN RAALTE CO., Inc. and Arthur Klein, individually and as an officer of said corporation, Defendants.

United States District Court, S. D. New York.

June 29, 1971.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, for plaintiff; by Peter A. Herbert, Asst. U. S. Atty., New York City.

Sullivan & Cromwell, New York City, for defendants; by William E. Willis, William R. Norfolk, Mack M. Braly, New York City, of counsel.

GURFEIN, District Judge.

This is a motion by the defendant Van Raalte Co. Inc. to dismiss the supplemental complaint of the United States pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. The supplemental complaint alleges that in 1956 the Federal Trade Commission charged Glensder Textile Company (Glensder) and its President Arthur Klein (Klein) with having violated the Flammable Fabrics...

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