United States v. Borax Consol., Ltd.

The United States in its complaint herein (filed September 14, 1944) charges defendants with monopoly and conspiracy contrary to the prohibitions of the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1 , 2, and 4, and prays that certain contracts between the parties be adjudged illegal, that defendants be enjoined from performing the same, and for the appointment of a receiver to sell the properties of certain of the defendants in order to effectuate the dissolution of the alleged combine.

Defendants have moved to dismiss the complaint on the ground “that the complaint fails to state a claim on which relief can be granted.” In the alternative in the event of denial of the motion to dismiss, motions to separately state, to strike parts-of the complaint, and to make more certain or for bill of particulars are urged.

The various motions have been ably and thoroughly briefed and argued by counsel for both sides.

The motion to dismiss is mainly based upon the claim that it appears from the complaint that the alleged conspiracy and combine terminated long prior to the commencement of the action and that there is therefore no need to invoke any of the equitable remedies besought by the United…