United States v. Tucor International, Inc.
Opinion
Opinion
Jensen, J.
ORDER
On December 3, 1997, the Court heard argument on defendant Tucor Industries’ petition for a writ of error coram nobis and the Luzon defendant’s motion to dismiss the indictment. Reginald K. Tom and Roger W. Fones appeared on behalf of the United States; Warren L. Dean, Jr. appeared for Luzon Moving and Storage Corporation, Philippine-American Moving and Storage Corporation, George Schulze, Sr., and George Schulze, Jr.; James R. Wyrsch, Charles M. Rogers, Phillip Torres and Jerrold M. Ladar appeared for Tucor Industries, Inc. Having considered the arguments of counsel, the papers submitted, the applicable law, and the record in this case, the Court hereby GRANTS the Luzon defendants’ motion to dismiss the indictment and GRANTS Tucor Industries’s petition for a writ of error coram nobis.
I. BACKGROUND
A. Factual Background and Procedural History
Defendants are corporations and individuals engaged in the business of transporting goods to and from United States military bases in the Philippines. Defendants were indicted on September 9, 1992 for violating Section 1 of the Sherman Act, 15 U.S.C. § 1 . The indictment charges that defendants conspired “to suppress competition by…