United States v. E. I. Du Pont De Nemours & Co.

LEAHY, Chief Judge.

3rd Trial Memorandum

During trial the question was presented whether .evidence of facts arising since the filing of the complaint on December 13, 1947, should be introduced or discussed. Defendant takes the position that where § 4 of the Act, 15 U.S.C.A. § 4, is in issue post-complaint evidence is admissible, and the.decision on the merits should consider such evidence as of the time of judgment, 1. e., this may be the time when the evidence is closed. Such procedure, it is said, has been established in five leading antitrust cases where post-complaint evidence had been…