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UNITED STATES v. R. J. REYNOLDS TOBACCO CO.

Civ. No. 1668-70.

416 F.Supp. 316 (1976)

UNITED STATES of America, Plaintiff, v. R. J. REYNOLDS TOBACCO CO. et al., Defendants.

United States District Court, D. New Jersey.

June 22, 1976.

Attorney(s) appearing for the Case

Bernard Wehrmann, New York City, by Donald Ferguson and Thomas A. Bernstein, New York City, for United States Dept. of Justice, Antitrust Div.

Carpenter, Bennett & Morrissey, Newark, N. J. by Elmer J. Bennett, Newark, N. J., for R. J. Reynolds Tobacco Co., RJI Corp. and Sea-Land Service, Inc.

Guy Miller Struve, James W. B. Benkard and Hiram D. Gordon, Davis Polk & Wardwell, New York City, for Carpenter, Bennett & Morrissey.

Pitney, Hardin & Kipp, Newark, N. J. by Clyde A. Szuch, Newark, N. J., for Walter Kidde & Co., Inc., and United States Lines, Inc.

Sanford M. Litvack, Kenneth E. Newman, New York City, John J. McGrath, Jr., Washington, D. C., and Steven M. Hayes, New York City, Donovan, Leisure, Newton & Irvine, Washington, D. C., for Pitney, Hardin & Kipp.

OPINION

BIUNNO, District Judge.

This is a civil action by the United States which mainly calls upon the Court to exercise its authorization to enter a declaratory judgment as to the rights and legal relations of the parties in respect to two contracts claimed to violate the antitrust laws. See 28 U.S.C. Sec. 2201. Aside from the declaratory remedy, the United States also seeks the equitable remedies of injunction and rescission. See 28 U.S.C. Sec. 2202....

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