United States v. New York Great Atlantic & Pacific Tea Co.

ATWELL, District Judge.

On November 25, 1942, the indictment was returned. It contains thirty-four pages and has two counts.

On February 13, 1943, demurrers and dilatory pleas were presented.

After argument and consideration, I rendered an oral opinion which sustained certain objections and dismissed the bill.

The Circuit Court of Appeals, in 137 F.2d 459, 462, by a divided court, reversed that action as to all defendants except Business Organizations and Carl Byoir, and the Supreme Court, 64 S.Ct. 191, refusing to review, the cause is before me on motions to strike and to particularize, filed…