United States v. Switzer Bros.

On June 28, 1950, the United States filed its complaint against the above named defendants for an injunction and other equitable sanctions, alleging violations of the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1-7 and the Clayton Act, 15 U.S.C.A. §§ 12-27 .

Before any responsive pleading was filed by any defendant, the defendants Switzer Brothers, Inc., The Sherwin-Williams Company, an Ohio corporation, and The Sherwin-Williams Company of California, Aberfoyle Manufacturing Company, Inc., Lawter Chemicals, Inc., Robert C. Switzer and Joseph L. Switzer, filed and presented, in August 1950, a motion, pursuant to 28 U.S.C. § 1404 (a), to transfer the cause to the United States District Court for the Northern District of Ohio. The plaintiff and the other defendants (i. e. California defendants) opposed the motion. The Court denied the motion without prejudice to its renewal at a later stage of the litigation.

The cause then proceeded through the stages of pleading, discovery and pretrial. Many hearings of various motions in connection with pre-trial were had. As of today, the clerk’s record shows that there have been 167 separate documentary pleadings filed.

It was not until May 1953,…