United States v. AMERICAN BUILDING MAINTENANCE IND., Civ. A. No. 71-55-JWC.

• Decision Date: 12 December 1973
• Docket Number: Civ. A. No. 71-55-JWC.
• Citation: 401 F. Supp. 1005
• Parties: UNITED STATES of America, Plaintiff, v. AMERICAN BUILDING MAINTENANCE INDUSTRIES, Defendant.
• Court: U.S. District Court — Central District of California

401 F. Supp. 1005

UNITED STATES of America, Plaintiff, v. AMERICAN BUILDING MAINTENANCE INDUSTRIES, Defendant.

Civ. A. No. 71-55-JWC.

United States District Court, C. D. California.

December 12, 1973.

Dennis J. Michael, Antitrust Division, Dept. of Justice, Los Angeles, Cal., for plaintiff United States.

Lawler, Felix & Hall, Marcus Mattson, Anthonie M. Voogd, Los Angeles, Cal., for defendant American Building Maintenance Industries.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

CURTIS, District Judge.

The above entitled action came on regularly for hearing on September 4, 1973, before the Court, the Honorable Jesse W. Curtis, United States District Judge presiding, on the motion of defendant American Building Maintenance Industries for a summary judgment of dismissal for lack of federal jurisdiction against plaintiff United States of America, and said plaintiff and said defendant being represented by their respective counsel, and the Court having considered the pleadings and said motion and the papers filed in support thereof and other papers on file herein and the arguments of counsel, and being fully advised in the premises, and it appearing that there is no genuine issue as to the facts hereinafter set forth, the Court now makes its Findings of Fact and Conclusions of Law as follows:

FINDINGS OF FACT

1. Defendant American Building Maintenance Industries is, and at all times relevant to this action was, a corporation organized under the laws of the State of California, having its principal office in San Francisco, California.

2. J. E. Benton Management Corporation, formerly named Pacific Realty Securities Company, was at all times relevant to this action a corporation organized under the laws of the State of California having its only office in Los Angeles, California.

3. On June 30, 1970 all of the stock of J. E. Benton Management Corporation was acquired by defendant.

4. Prior to June 30, 1970 and at all times relevant to this action, J. E. Benton Management Corporation engaged in the real estate business and the business of providing building management, janitorial and related services. These were the only businesses engaged in by J. E. Benton Management Corporation and they were conducted entirely within Los Angeles, Orange and Ventura Counties in California.

5. J. E. Benton Management Corporation had no manufacturing plant, no sales or distribution outlets, no product which was sold or shipped, no patents or scientific know-how, and no location or business situs advantage.

6. Between March 1, 1970 and June 30, 1970 J. E. Benton Management Corporation made no purchases of products which were shipped to it from outside California.

7. Between March 1, 1969 and February 28, 1970 J. E. Benton Management Corporation made no purchases of any product or services of any kind or character which were shipped to it from outside California except the following:

(a) Real estate publications costing $13.39 from Matthew Bender Company, Albany, New York;

(b) Reel rack costing $25.01 from Monarch Metal Products, New Windsor, New York;

(c) Income tax publication costing $79.98 from Prentice Hall, Inc., Engelwood Cliffs, New Jersey; and

(d) Sign purchase costing $11.97 from Ready Made Sign Company, Long Island, New York.

These purchases do not represent a substantial or appreciable amount of interstate commerce by any standard and are de minimus.

8. J. E. Benton Management Corporation did not advertise nationally. It purchased advertising in the yellow pages of local telephone directories and distributed brochures describing its business to prospective customers.

9. Benton Maintenance Company, formerly named S. W. Straus & Co. and Affiliated Maintenance Company, was at all times relevant to this action a corporation organized under the laws of the State of California, having its only office in Los Angeles, California.

10. On June 30, 1970 Benton Maintenance Company was merged into American Building Maintenance Company of California, a subsidiary corporation of defendant.

11. At all times relevant to this action Benton Maintenance Company was engaged in the business of providing janitorial and related services. This was the only business engaged in by Benton Maintenance Company and it was conducted entirely within Los Angeles, Orange and Ventura Counties in California.

12. Benton Maintenance Company had no manufacturing plant, no sales or distribution outlets, no product which was sold or shipped, no patents or scientific know-how and no location or business situs advantage.

13. Between January 1, 1969 and June 30, 1970 Benton Maintenance Company made no purchases of products which were shipped to it from outside California.

14. Benton Maintenance Company did not advertise nationally. It purchased advertising in the yellow pages of local telephone directories and distributed brochures describing its business to prospective customers.

15. J. E. Benton Management...