United States v. Engelhard-Hanovia, Inc.

CASHIN, District Judge.

Defendants, Fred D. Brown and Fred J. Purdy, have moved to have Count One of the indictment dismissed as to them pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure, 28 U.S.C.A. on the ground that Count One does not state facts sufficient to constitute an offense against the United States by said defendants, or in the alternative, for an order directing the United States to elect between the penalties provided for in Section 1 of the Sherman Act, 15 U.S. C.A. § 1, and those provided for in Section 14 of the Clayton Act, 15 U.S.C.A. § 24.

The indictment…