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the said defendants herein has been and still is intra and interstate and foreign trade and commerce aforesaid, viz., the purchasing, in the States of Kansas, Missouri, Illinois, New Jersey and New York, of live cattle and the products thereof, the transportation of the same from the place of purchase to other States of the United States, where the said live cattle and the products thereof were and are thereupon slaughtered and dressed in the abattoirs of the said defendants, and the dressed cattle and the products thereof were and are thereupon transported to and sold in substantially each and all of the States of the United States, and also were and are exported to Europe. That the purchase, sale and transportation aforesaid of said cattle and the products thereof were and are inseparably connected with and comprised in the defendants' said business.

14. That said The New York Butchers' Dressed Meat Company was incorporated as aforesaid, in July, 1902, because and as a result of the com bination of the corporate defendants herein with certain other corporations, firms and individuals, which had theretofore fixed the price of cattle and the products thereof, and curtailed the supply thereof, so that in said year 1902 the price thereof reached the highest point ever before known in the City of New York.

15. That in the said year 1902 said The New York Butchers' Dressed Meat Company was thereupon caused to be organized by various retai: butchers in the City of New York, including plaintiff, as an independent purchaser and seller of said cattle and products thereof. The said retail butchers of the said City of New York subscribed to the stock thereof upon the representation and understanding that said The New York Butchers' Dressed Meat Company would be operated as an independent corporation, free from any combination or restriction of any kind with or of the defendants herein, and thereafter, as a result thereof, the abattoir of said The New York Butchers' Dressed Meat Company was erected and constructed in the City of New York, and said The New York Butchers' Dressed Meat Company proceeded to do the business herein before mentioned.

16. That in or about the year 1907 the defendants, and each of them, unlawfully, and with unlawful intent and purpose, combined, conspired and confederated to and with each other, and to and with divers other persons, firms and corporations, to monopolize the said business mentioned and described in paragraph 13 of this complaint, and to prevent and restrain said The New York Butchers' Dressed Meat Company from engag ing in business that would be competitive with the said business then and there conducted by the defendants herein, and to prevent and restrain said The New York Butchers' Dressed Meat Company from engaging in interstate trade and commerce with the sellers of live cattle and the products thereof at the markets aforesaid, in the States of the United States and particularly the States of Missouri, Kansas, Illinois, New Jersey and New York, and to prevent and restrain said The New York Butchers' Dressed Meat Company from purchasing in the said places the said cattle and the products thereof, and transporting the same to the State and City of New York, to be there slaughtered and dressed, and

to prevent and restrain said The New York Butchers' Dressed Meat Company from then transporting to and selling the said cattle and the products thereof in the States of New York, New Jersey, Florida, Connecticut, Pennsylvania, and other States of the United States and Europe. 17. That the defendants and each of them did and performed, among other things, the various acts set forth as follows:

In the year 1907, the defendants, acting by and through the agency and instrumentality of the defendants Joseph, purchased a majority of the shares of the capital stock of said The New York Butchers' Dressed Meat Company, and by and through the instrumentality of said majority stock, controlled and nominated, and have since controlled and nominated, and do now control and nominate, the officers of said The New York Butchers' Dressed Meat Company and the Board of Directors thereof.

18. That thereafter, and since said purchase by the defendants herein of said majority stock of said The New York Butchers' Dressed Meat Com. pany, the said The New York Butchers' Dressed Meat Company has been conducted, operated and controlled, not in the interests of the stockholders thereof, but solely in the interest of the defendants herein. That said The New York Butchers' Dressed Meat Company has by reason and because of said control of the defendants herein, purchased, at the markets aforesaid, only a certain fixed and limited number and amount of cattle and the products thereof, has sold the said cattle and products thereof at a certain price, fixed, regulated and determined by the defendants herein, has refused to purchase said cattle or the products thereof in excess of such fixed amount and except at such fixed prices, and only from certain designated individuals, all of which has been determined and regulated by the defendants herein, who have dominated and still dominate the said The New York Butchers' Dressed Meat Company.

19. That by reason of the restraint aforesaid, exercised by the defendants herein, said The New York Butchers' Dressed Meat Company has purchased, at the markets aforesaid, only a fixed and limited number and amount of cattle and the products thereof, has sold the same at a fixed price, determined, as aforesaid, by the defendants herein, has refused and declined to purchase, at the markets aforesaid, such cattle, or the products thereof, except in the amount and for such prices aforesaid, and from the individuals aforesaid, designated by the defendants herein, all of which has restrained said The New York Butchers' Dressed Meat Company from engaging freely in said interstate trade and commerce, and from transporting said cattle and products, from the said respective points of purchase at the markets aforesaid outside as well as in the State of New York, to the City and State of New York, there to be slaughtered and dressed and then transported to and sold in the other States of the United States, as herein before alleged.

20. That the purpose thereof of the defendants herein has been so to dominate, control and regulate the affairs of said The New York Butchers' Dressed Meat Company that the said business of said The New York Butchers' Dressed Meat Company should not compete, conflict or interfere

in any way with the business of the corporate defendants herein, but should be conducted in harmony therewith, and as a non-competitive

concern.

21. That by reason of the aforesaid facts and of the said unlawful com. bination, agreement, confederation and conspiracy, the said The New York Butchers' Dressed Meat Company has failed and refused, in many instances, to purchase cattle at the markets aforesaid, outside of as well as in the State of New York, which could have been purchased at a most advantageous price to said The New York Butchers' Dressed Meat Company, and has failed and refused to transport the same to the City and State of New York, there to be slaughtered, and has failed and refused to transport the said cattle to and sell the said cattle in other States of the United States; has likewise failed and refused to purchase the products of said cattle at the markets aforesaid outside of as well as in the State of New York, except at such fixed prices, although in many instances the said products could have been purchased at an advantageous price, and has failed and refused to transport the said products, so offered for sale at the markets aforesaid, to the City and State of New York, there to be prepared and thereafter transported to and sold in the various other States of the United States and Europe, and has failed and refused to purchase the said products in certain instances from certain persons, at any price, because of the domination and control of the defendants herein, who have declined to permit said The New York Butchers' Dressed Meat Company to have dealings with such persons.

22. That by reason of the combination, agreement and conspiracy aforesaid, the prices of said cattle and the products thereof, paid by said The New York Butchers' Dressed Meat Company, and charged by said The New York Butchers' Dressed Meat Company to its customers, and the prices prevailing therefor in the City of New York, have been regulated, controlled, fixed and determined by the defendants herein, for the reason that the competition of said The New York Butchers' Dressed Meat Company has been entirely eliminated.

23. That by reason of the foregoing facts and of the said unlawful combination, agreement and conspiracy, the business of said The New York Butchers' Dressed Meat Company has been greatly injured, and the stockholders thereof have, and the plaintiff herein has, by reason thereof, been greatly injured. That as a result thereof, the value of the stock of said The New York Butchers' Dressed Meat Company has depreciated and deteriorated in value, and the said stockholders have and the plaintiff herein has been deprived of the proper use that should have been made of the said corporate property of said The New York Butchers' Dressed Meat Company and the profits which could and would have been made by said The New York Butchers' Dressed Meat Company had said The New York Butchers' Dressed Meat Company not been prevented and restrained. as aforesaid, from engaging in the said business unrestricted by the dominion and control of the defendants herein.

24. That prior to the said combinations, conspiracies and monopoliza

tions by the said defendants, herein before set forth, a state of lively competition existed in the several States of the United States among the dealers, at wholesale, in cattle and the products thereof. That by reason of the said acts of the defendants, herein before set forth, the said state of competition has been practically destroyed. That by reason of the said non-competitive condition thus created by the defendants, the plaintiff has been deprived of the said element of competition, and it has been impossible for the plaintiff to obtain the benefit of competition in his purchases from dealers at wholesale in meats obtained from cattle and the products thereof, and that as a result of the absence of said competition the business of the plaintiff of purchasing in the States of New York and in other States of the United States meats obtained from cattle and the products thereof, and selling the same at retail, has been greatly injured. 25. That the plaintiff has been injured by the defendants, by reason of the said unlawful acts and deeds forbidden by Act of Congress of the United States, dated July 2, 1890, entitled "An Act to Protect Commerce against Unlawful Restraints and Monopolies," in the sum of $45,000.

Wherefore plaintiff demands judgment against the defendants and each of them, jointly and severally, for the sum of $135,000.00, being three-fold damages by him aforesaid, and for the costs of this suit, including a reasonable attorney's fee, pursuant to the Laws of the United States in such case made and provided.

HAYS, HERSHFIELD & WOLF,
Plaintiff's Attorneys,
Office & Post Office Address,
No. 115 Broadway,
Borough of Manhattan,
New York City.

STATE OF NEW YORK,

Ss.:

County of New York,S

PETER SCHMIDT, being duly sworn, deposes and says that he is the plaintiff herein; that he has read the foregoing complaint and knows the contents thereof; that the same is true to his own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true.

PETER SCHMIDT.

Sworn to before me this

6th day of August, 1909,)

ELI M. COHEN,

Notary Public,

New York County.

COMMON LAW FORM X.-STATEMENT OF CLAIM UNDER
PENNSYLVANIA.

(Practice Act of 1915.)

In the United States District Court for the Eastern District of
Pennsylvania.

CHARLES [SANER] and ED. P. [DOCHERTY],
citizens and residents of the State of
Nevada,

vs.

G. HENRY [Smith], a citizen of the State of
Pennsylvania, and a resident of the Eastern
District thereof.

September Sessions,

1920. No. 7450.

The plaintiffs, Charles [Saner] and Ed. P. [Docherty], both of whom are citizens and residents of the State of Nevada claim of the defendant, G. Henry [Smith], a citizen of the State of Pennsylvania and a resident of the Eastern District thereof, the sum of fifty-seven thousand two hundred sixty-six dollars 64/100 ($57,266.64) with interest at 6% from the first day of July, 1919, which is justly due and payable to the plaintiffs by the defendant upon a cause of action whereof the following is a statement.

(1) At the times herein mentioned the plaintiffs were and now are citizens and residents of the State of Nevada and the defendant herein named was and now is a citizen of the State of Pennsylvania and a resident of the Eastern District thereof.

(2) On the 15th day of April, 1919, at Pioche, Nevada, the defendant, G. Henry [Smith], with others did, for value received, execute and deliver to the plaintiffs, a joint and several promissory notes for sixty-seven thousand five hundred dollars ($67,500) a true copy of which is as follows: $67,500.

Gold.

Pioche, Nevada, April 15th, 1919.

On or before June 1st, 1919, after date, for value received, I, we, or either of us, promise to pay to the order of CHARLES [SANER] and ED. P. [DOCHERTY]

Sixty Seven Thousand Five Hundred Dollars, negotiable and payable
at the BANK OF PIOCHE, INC., in U. S. Gold Coin, with interest
at the rate of six per cent per annum from date until paid, and if
suit be instituted for the collection of this note, we agree to pay Court
costs and a reasonable attorney's fee.
No.

DUE June 1st, 1919,

U. S. Revenue Stamps for

$13.50 Cancelled.

(SIGNED)

G. HENRY [SMITH],
MELVILLE [LETGIL],
PETER [LABE],
RALPH H. [CAMEL],

C. E. [NESSON].

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