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U.S. v. BESTWAY DISPOSAL CORP.

No. Cr. 86-210L.

681 F.Supp. 1027 (1988)

UNITED STATES of America, Plaintiff, v. BESTWAY DISPOSAL CORPORATION, Engar, Inc., Wowkowych Enterprise Disposal Services, Inc., Suburban Disposal Corporation and Ruoff, Inc., Defendants.

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

February 12, 1988.

Attorney(s) appearing for the Case

Charles V. Reilly, Dennis Steward, Sp. U.S. Attys. Antitrust Div., New York City, for plaintiff.

John Stuart Smith, Gordon L. Lang, Rochester, N.Y., for Bestway.

Edward Z. Menkin, P.C., Syracuse, N.Y., for Engar.

Lawrence J. Andolina, David Rothenberg, Rochester, N.Y., for Wowkowych.

Alfred P. Kremer, Rochester, N.Y., for Suburban.

Paul R. Braunsdorf, Rochester, N.Y., for Ruoff.

MEMORANDUM DECISION AND ORDER

LARIMER, District Judge.

On December 9, 1986, the grand jury indicted defendants, corporations involved in commercial-industrial refuse removal services, for allegedly violating Section 1 of the Sherman Act, 15 U.S.C. § 1, by combining and conspiring in unreasonable restraint of interstate and foreign trade and commerce. The indictment charges, in part, that:

11. The aforesaid combination and conspiracy consisted...

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