United States v. GREATER BLOUSE, ETC., CONTRACTORS'ASS'N
Decision Date | 08 September 1959 |
Citation | 177 F. Supp. 213 |
Parties | UNITED STATES of America, Plaintiff, v. GREATER BLOUSE, SKIRT & NECKWEAR CONTRACTORS' ASSOCIATION, INC., National Association of Blouse Manufacturers, Inc., Slate Belt Apparel Contractors' Association, Inc., Blouse and Waistmakers' Union Local 25, International Ladies' Garment Workers' Union, James Clemenza, a/k/a Jimmy Brown, I. Lloyd Cabin, Charles Kreindler, Abraham Rosenthal, Harry Strasser, Defendants. |
Court | U.S. District Court — Southern District of New York |
COPYRIGHT MATERIAL OMITTED
Richard B. O'Donnell, New York City, Atty., Dept. of Justice, for plaintiff.
Milton J. Levy, New York City, for defendants Greater Blouse, Skirt & Neckwear Contractors' Ass'n, Inc., James Clemenza and I. Lloyd Cabin.
Amen, Weisman & Butler, New York City, for defendant National Ass'n of Blouse Mfrs., Inc.
Herbert Brownell, Jr., New York City, for defendant Slate Belt Apparel Contractors' Ass'n, Inc. Lord, Day & Lord, New York City, of counsel.
Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants Blouse & Waistmakers' Union Local 25, International Ladies' Garment Workers' Union and Charles Kreindler.
Julian Liberman, New York City, for defendant Abraham Rosenthal.
Brower, Brill & Gangel, New York City, for defendant Harry Strasser.
These are motions by all defendants in a criminal antitrust case in which three associations, one labor union and five individuals are charged with violations of sections 1 and 2 of the Sherman Act, 26 Stat. 209, 15 U.S.C. §§ 1, 2, in the production of ladies' blouses in a four-state area.
Defendant Strasser moves under Rule 12, F.R.Crim.P., for dismissal of the indictment. All of the defendants, with the exception of defendant Strasser, move under Rule 14, F.R.Crim.P., for relief from an alleged prejudicial joinder of defendant Strasser, and, under Rules 16 and 17(c), F.R.Crim.P., for inspection and production of various documents in the Government's possession. All of the defendants move under Rule 7(f), F.R. Crim.P. for extensive bills of particulars. Finally, defendants ask leave to make further motions with respect to this indictment, after the Government's compliance with any requirements of this decision concerning bills of particulars and discovery and inspection, and at any time before trial. Each motion is opposed by the Government.
The indictment, in count 1, charges that defendants, and other co-conspirators not named as defendants, engaged in an unlawful combination and conspiracy, in restraint of interstate trade and commerce, in count 2 that they engaged in an unlawful combination to monopolize interstate trade and commerce, and in count 3 that they engaged in an attempt to monopolize interstate trade and commerce.
Named as defendants are the following:
Greater Blouse, Skirt & Neckwear Contractors Association, Inc. (hereinafter Greater), a New York corporation, claimed to be "an association whose members are contractors who produce, among other things, ladies' blouses and do business in New York, New Jersey, Pennsylvania and Connecticut;"
Slate Belt Apparel Contractors' Association, Inc. (hereinafter Slate Belt), a Pennsylvania corporation, also claimed to be "an association whose members are contractors who produce ladies' blouses" and who do business in Pennsylvania and New York;
National Association of Blouse Manufacturers, Inc. (hereinafter National), a New York corporation, claimed to be "an association whose members are manufacturers or jobbers of ladies' blouses doing business in New York, New York";
Blouse and Waistmakers' Union, Local 25, International Ladies' Garment Workers' Union (hereinafter Local 25), claimed to be "a voluntary association, organized and existing under the laws of the State of New York" whose membership "consists of workers engaged in the production of ladies' blouses";
James Clemenza, employed by Greater since 1953 and its Executive Director since 1957;
I. Lloyd Cabin, alleged to have been "associated with either Greater or Slate Belt in an executive capacity" during the entire period of the indictment;
Charles Kreindler, alleged to have been the "Manager of Local 25 and a vice president of the International Ladies' Garment Workers' Union" during the entire period covered by this indictment;
Abraham Rosenthal, claimed to have been president of National from in or about 1949, the beginning of the period covered by this indictment, to November 1950 and from November 1952 to September 1956;
Harry Strasser.
The indictment charges the following:
In the ladies' blouse industry the term "contractor" refers to persons, firms or corporations "engaged in the business of producing ladies' blouses from uncut or cut material owned by the jobber or manufacturer for whom such person, firm or corporation is producing those blouses." A contractor, it is alleged, "owns the means of producing such blouses, hires labor and takes the risk of profit or loss in the conduct of his business." The terms "jobber" and "manufacturer" refer to a person, firm or corporation "engaged primarily in the business of selling ladies' blouses at wholesale, and who has some or all of those blouses produced by contractors."
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